Kerala High Court
Muhammed Najeeb P.P vs The State Of Kerala on 12 February, 2015
Author: B.Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 12TH DAY OF FEBRUARY 2015/23RD MAGHA, 1936
Bail Appl..No. 494 of 2015 ()
------------------------------
CRIME NO. 22/2015 OF MANJERI POLICE STATION, MALAPPURAM DISTRICT.
.......
PETITIONER/ACCUSED:
-----------------------------------
MUHAMMED NAJEEB P.P.,AGED 20 YEARS,
S/O.MOIDEEN P.O.,PARAMBAN PUTHANVEETTIL HOUSE,
IRUMBUZHI P.O., MALAPPURAM -676 509.
BY ADV. SRI.SAJEEV KUMAR K.GOPAL.
RESPONDENTS/STATE/COMPLAINANT:
----------------------------------------------------------
1. THE STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE SUB INSPECTOR OF POLICE,
MANJERI POLICE STATION, MANJERI,
MALAPPURAM DISTRICT, PIN-676 121.
BY PUBLIC PROSECUTOR SRI.SREEJITH. V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 12-02-2015, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
B.KEMAL PASHA, J.
============================
B.A. No. 494 of 2015
=============================
Dated this the 12th day of February, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioner is the accused in Crime No.22 of 2015 of the Manjeri Police Station, Malappuram District, registered for the offences punishable under Section 379 IPC, Section 12 read with Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and Section 50B read with Section 177 of the Motor Vehicles Act.
3. The allegation against the petitioner is that on 05.01.2015 at 09.10 a.m., he was found transporting sand illegally collected from the river without any licence or authorization by a Maruthi 800 car without exhibiting its registration number. On seeing the Police party, the petitioner ran away from the spot after leaving the vehicle and the sand.
4. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the CD.
5. No criminal antecedents have been reported B.A. No.494 of 2015 2 against the petitioner. It seems that the sand illegally collected and the vehicle, have been seized in the case. Investigation of the case is practically over. Custodial interrogation of the petitioner is not required in the matter as there is nothing more to be recovered. Considering the facts and circumstances of the case and the absence of any criminal antecedents on his part, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioner shall report before the investigating officer in between 09.00 a.m. and B.A. No.494 of 2015 3 11.00 a.m. on all Thursdays and Mondays commencing from 19.02.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B. KEMAL PASHA JUDGE DSV/12/2/15 // True Copy // P.A. To Judge B.A. No.494 of 2015 4