MOHAMMED BASHEER v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE ASHOK MENON
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-09. MOHAMMED BASHEER v. STATE OF KERALA. 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 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942 Bail Appl. No. 7938 OF 2020 CRIME NO. 396/2020 OF Vazhakkad Police Station , Malappuram PETITIONER/S: MOHAMMED BASHEER, AGED 33 YEARS, MADATHINGAL HOUSE, MAPRAM, VAZHAKKAD, CHERUVAYUR, MALAPPURAM DISTRICT – 673645. BY ADV. SRI. P. SAMSUDIN RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031. OTHER PRESENT: SRI. E. C. BINEESH, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09. 12. 2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl. No. 7938 OF 2020 O R D E R Dated this the 9th day of December 2020 This is an application for anticipatory bail under Section 438 of Cr. P. C. 2. The applicant is the sole accused in Crime No. 396/2020 of Vazhakkad Police Station for having allegedly committed the offences punishable under Section 379 of the I. P. C.
and under Section 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. 3. The prosecution case, in brief, is that on 28. 10. 2020 at about 11. 30 AM, the police party intercepted a lorry bearing Reg. No. KL-56-8657 while transporting illegal river sand. On being intercepted by the police, the driver abandoned the lorry and fled away. Since the applicant is the registered owner of the vehicle, he apprehends arrest and approaches this Court for anticipatory bail. Bail Appl. No. 7938 OF 2020 4. Heard the learned Counsel for the applicant and the learned Public Prosecutor. 5. The sand and the lorry have already been seized by the police, and therefore, custodial interrogation of the applicant may not be necessary. He has no other criminal antecedents. In the result, the bail application is allowed and the applicant is directed to surrender before the investigating officer within two weeks.
After interrogation and in the event of his being arrested, he shall be released on bail on the execution of a bond for Rs. 50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions: (i) He shall not influence or intimidate witnesses or tamper with evidence; (ii) He shall appear before the investigating officer as and when called for; and Bail Appl. No. 7938 OF 2020 (iii) During the bail period, he shall not get involved in any similar offences. In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court. Sd/-dkr ASHOK MENON JUDGE
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.