MUHAMMED SALEEM v. Public Prosecutor
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE ASHOK MENON
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-08-19. MUHAMMED SALEEM v. Public Prosecutor. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 19TH DAY OF AUGUST 2020 / 28TH SRAVANA, 1942 Bail Appl.. No. 4601 OF 2020 CRIME NO. 324/2020 OF Kolathur Police Station , Malappuram PETITIONER/S: MUHAMMED SALEEM AGED 32 YEARS S/O. MOHAMMED, VELUTHETHODI HOUSE, VADAKKEKARA, PULAMANTHOLE, PERINTHALMANNA, MALAPPURAM DISTRICT 679323 BY ADV. SRI. K. RAKESH RESPONDENT/S: 1 PUBLIC PROSECUTOR HIGH COURT OF KERALA 682031 2 THE STATION HOUSE OFFICER KOLATHUR POLICE STATION, PALAKKAD DISTRICT 679338 R1 BY PUBLIC PROSECUTOR OTHER PRESENT: SRI. AMJAD ALI SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19. 08. 2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl.. No. 4601 OF 2020 2 O R D E R Dated this the 19th day of August 2020 Application for anticipatory bail under Section 438 of Cr. P. C. The applicant is the accused in Crime No.
324/2020 of Kolathur Police Station for having allegedly committed offence punishable under Section 379 of 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 case, in brief, is thus:- On 02. 07. 2020 at about 4. 30 p. m. , while the police party were on patrol duty, they found a goods jeep bearing registration No. KL-55/8453, transporting stolen river sand. The vehicle was intercepted but the applicant could not be apprehended. He apprehends arrest and therefore has approached this Court for a pre-arrest bail 3. Heard the learned counsel for the applicant and the learned Public Prosecutor. 4. The applicant has no criminal antecedents. The stolen sand and the vehicle have already been seized and confiscation proceedings as regards the vehicle has been initiated.
In view of the fact that the applicant has no criminal antecedents, and that he is willing to cooperate with the investigation, the application for anticipatory bail is Bail Appl.. No. 4601 OF 2020 3 allowed. In the result, the applicant is directed to surrender before the investigating officer within two weeks. In the event of his arrest, he shall be released on bail on the execution of a bond for Rs. 50,000/- (Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the investigating officer and on following conditions: (i) He shall appear before the investigating officer as and when called for. (ii) He shall not attempt to influence the witnesses or tamper with evidence. (iii) He shall not get involved in any other similar crimes during the currency of the bail. In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court. Sd/- ASHOK MENON JUDGE rmm
Source: High Court of Kerala. Archive: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.