Kerala High Court
Unknown vs By Advs.Sri.N.L.Bitto on 12 December, 2017
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.M.BABU
TUESDAY, THE 12TH DAY OF DECEMBER 2017/21ST AGRAHAYANA, 1939
Bail Appl..No. 7665 of 2017
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CRIME NO. 501/2017 OF MANNARKKAD POLICE STATION , PALAKKAD
PETITIONER/ACCUSED
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SHAREEF ALI P.K
AGED 36 YEARS,
PARAYAN KALLIL, POMBRA,
KARIMPUZHA, PALAKKAD ,
PIN-678595.
BY ADVS.SRI.N.L.BITTO
SRI.SAYED MURTHALA THANGAL
RESPONDENT(S)/RESPONDENTS:
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1. THE SUB INSPECTOR OF POLICE
MANNARKKAD POLICE STATION,
PALAKKAD DISTRICT, PIN 678582.
2. THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI - 682031.
BY PUBLIC PROSECUTOR SRI. SWAMIDASAN K.N.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
A.M.BABU, J.
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B.A.7665 of 2017
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Dated : 12th December, 2017
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ORDER
1.Petitioner is the accused in crime no.501/2017. It was registered at the Mannarkad police station. The offences alleged against him are those punishable under Sec.379 of IPC and Sec.20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act.
2.The prosecution case is as follows : The sub- inspector of police and party were on patrol duty on 8.8.2017. At about 4.00 pm on that day when they reached Kanjirayi Kadavu at Pombra, they saw a tipper lorry, which bore registration no.KL-5-W- 9532, parked near the said kadavu. When the police party approached the tipper lorry, a person who was standing near the lorry ran away.
3.Heard the learned counsel for the petitioner and the learned public prosecutor.
B.A.7665/17 2
4.Admittedly the petitioner is the registered owner of the tipper lorry which was seized with sand by the police. That apart, it seems, the investigating agency did not get any material so far against the petitioner. I do not consider, in these circumstances, detention of the petitioner absolutely necessary for an effective investigation of the case. I am therefore inclined to grant bail under Sec.438 of Cr.P.C.
5.The application is allowed. If arrested in connection with crime no.501/2017 of Mannarkad police station, the petitioner shall be released on bail after interrogation, if any, on his executing a bond for Rs 50,000/- (fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer. The petitioner shall co-operate with the investigation. He shall make himself available for interrogation as and when required by the investigating officer. The petitioner shall not intimidate or attempt to B.A.7665/17 3 influence witnesses. Nor shall he destroy or tamper with evidence. He shall not attempt to interfere with the investigation. The court concerned is hereby empowered to cancel the bail in accordance with law if any of the above conditions is violated. If the petitioner surrenders before the court concerned, this order shall have no effect and the court concerned will pass appropriate orders as if this order has not been passed.
Sd/-
A.M.BABU Judge Mrcs/12.12 True Copy P.S.ToJudge