Citation : 2021 Latest Caselaw 11169 Ker
Judgement Date : 7 April, 2021
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.2635 OF 2021
CRIME NO.59/2021 OF Kalpakanchery Police Station , Malappuram
PETITIONER:
SHAKIRALI
AGED 30 YEARS
THAYYIL KOTHAKATH HOUSE,
VETTOM.P.O, MALAPPURAM DIST- 676102.
BY ADV. SRI.ABDUL RAOOF PALLIPATH
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SR PP SANTOSH PETER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.2635 OF 2021
2
O R D E R
Dated this the 7th day of April 2021
Petitioner is the accused in Crime No.59
of 2021 of Kalpakanchery Police Station,
Malappuram for having allegedly committed
offences punishable under Section 379 IPC and
also under Sections 20 and 23 of the Kerala
Protection of River Banks and Regulation of
Removal of Sand Act, 2001 (Sand Act).
2. The prosecution allegation is that on
27.02.2021, at 8.15 PM, a lorry driven by the
petitioner was found carrying river sand
without any permit or pass.
3. Learned Public Prosecutor submitted
that, petitioner has no criminal antecedents.
4. Taking note of the circumstances
arising in the case, I am of the view that, Bail Appl..No.2635 OF 2021
the petitioner can be granted anticipatory
bail on condition that, the petitioner
surrenders before the Investigating Officer
on any day within two weeks from the date of
receipt of copy of a this Judgment. If, after
interrogation, the Investigating Officer
decides that the petitioner is required to be
arrested, petitioner shall be released on
bail on him executing a bond for Rs.50,000/-
(Fifty Thousand Rupees only) with two solvent
sureties each for the like sum to the
satisfaction of the Investigating Officer and
subject to the following conditions:
(a)Petitioner shall report to the
Investigating Officer on every first and third
Saturdays between 10.00 am and 12.00 pm until
filing of the final report or for two months
which ever is earlier.
(b)Petitioner shall not get involved in
any offence during the period of this bail.
(c)Petitioner shall not intimidate or Bail Appl..No.2635 OF 2021
influence the witnesses.
(d)In case, any of the condition nos.(a)
to (c) are violated, it is open to the
investigating officer to file application
before the learned Magistrate for cancellation
of the bail granted hereby.
The Bail Application is allowed as
above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
RMV/07/04/
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