Muhammed Salim vs State Of Kerala
2021 Latest Caselaw 11097 Ker

Bail Appl..No.2608 OF 2021

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              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                      Bail Appl..No.2608 OF 2021

    CRIME NO.84/2021 OF KUTTIPURAM POLICE STATION, MALAPPURAM


PETITIONER/ACCUSED:

              MUHAMMED SALIM
              AGED 32 YEARS
              SON OF HAMZA MANNAMTHARA, MANNAMTHARA,
              VALIYAPARAPPUR, ANANTHAVOOR
              MALAPPURAM, PIN - 676 301

              BY ADVS.
              SRI.BINU V V
              SRI.S.K.PREMJITH MENON

RESPONDENT:

              STATE OF KERALA
              REPRESENTED BY PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA
              ERNAKULAM, PIN - 682 031

              BY SMT. SREEJA V, PUBLIC PROSECUTOR




     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION          ON
07.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Bail Appl..No.2608 OF 2021

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                                     ORDER

Dated this the 7th day of April 2021

The petitioner is the sole accused in Crime No.84/2021 of

Kuttipuram Police station. The offences alleged against the

petitioner are under Section 379 of the Indian Penal Code and

Sections 20 and 23 of the Kerala Protection of River Banks and

Regulation of Removal of Sand Act, 2001.

2. The prosecution case is that on 14.03.2021 at about

06.40 hours, the Sub Inspector of Police found a pickup truck

driven by the accused loaded with plastic bags filled with river

sand. The vehicle as well as the sand was seized and the FIR

was registered.

3. Petitioner seeks anticipatory bail through this

application.

4. The learned Public Prosecutor on instructions submits

that there are no criminal antecedents against the petitioner.

5. Taking into reckoning the aforesaid fact, the petitioner

is granted anticipatory bail on the following conditions:

a. He shall surrender before the investigating officer within Bail Appl..No.2608 OF 2021

two weeks from the date of receipt of a copy of this

judgment.

b. After interrogation if the officer desires to arrest the

petitioner, he shall do so and petitioner shall be

released on bail on executing a bond for Rs.50,000/­

(Rupees fifty thousand only) with two solvent sureties

each for the like sum to the satisfaction of the officer

effecting the arrest.

c. The petitioner shall report before the investigating

officer between 10.00am and 12.30pm every first

Saturday for three months or till the final report is

filed, whichever is earlier.

d. The petitioner shall not directly or indirectly make any

inducement, threat, or promise to any person

acquainted with the facts of the case so as to dissuade

him from disclosing such facts to the court or to any

police officer.

e. The petitioner shall not commit any similar offence

while on bail.

f. The petitioner shall not leave India without the Bail Appl..No.2608 OF 2021

previous permission of the jurisdictional Magistrate.

g. Petitioner shall make themselves available for

interrogation as and when required by the

investigating officer.

h. In case of violation of any of the above conditions, the

court concerned, on being noticed of that fact, will be

empowered to cancel the bail.

Sd/-

BECHU KURIAN THOMAS

JUDGE DK