Habeeb Rahman v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 30TH DAY OF DECEMBER 2014/9TH POUSHA, 1936 Bail Appl..No. 9099 of 2014 ------------------------------- CRIME NO. 840/2014 OF KALPAKANCHERI POLICE STATION, MALAPPURAM DISTRICT.

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PETITIONER/ACCUSED:

---------------------------------- HABEEB RAHMAN, AGED 32 YEARS, S/O.ANAS, VATTAPARAMBIL HOUSE, CHAMRAVATTOM P.O, TIRUR TALUK, MALAPPURAM DISTRICT.

BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA SRI.S.KANNAN RESPONDENTS/STATE AND COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

2. THE SUB INSPECTOR OF POLICE, KALPAKANCHERI POLICE STATION, MALAPPURAM DISTRICT.

BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

B.KEMAL PASHA, J.

==================== B.A. No.9099 of 2014 ===================== Dated this the 30th day of December, 2014

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is the accused in Crime No.840 of 2014 of the Kalpakancheri Police Station registered for the offences punishable under Section 379 IPC and Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

3.

The allegation against the petitioner is that he was found transporting sand illegally collected from the river without any licence or authorization. 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.

5.

No criminal antecedents have been reported against the petitioner. It seems that the sand illegally

B.A.No.9099 of 2014 -: 2 :- 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.9099 of 2014 -: 3 :- 11.00 a.m. on all Fridays and Tuesdays commencing from 02.01.2015 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/30/12 // True Copy // PA to Judge