Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944 BAIL APPL. NO. 868 OF 2022 (Crime No.53 of 2022 of Tirur Police Station, Malappuram) PETITIONER/ACCUSED: MUSTHAFA AGED 38 YEARS ARIMANICHOLA HOUSE, VALLARAMB, NADUVATTOM. P.O, TIRUR, MALAPPURAM DIST- 679571, PIN - 679571
BY ADVS. K.R.AVINASH (KUNNATH) ABDUL RAOOF PALLIPATH PRAJIT RATNAKARAN RAJ CAROLIN V. RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031. BY SMT.MAYA M N, PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A No.868 of 2022 2
SOPHY THOMAS, J.
Bail Application No.868 of 2022 Dated this the 28th day of June, 2022
ORDER
This is an application for anticipatory bail under Section 438 of Cr.P.C.
2. The petitioner is the sole accused in Crime No.53 of
2022 of Tirur Police Station, registered under Section 379 of IPC and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
3. The prosecution case is that, on 12.01.2022 at about
10.30 a.m, the petitioner was found loading river sand in a tipper lorry bearing registration No.KL-02-AA-4642 without any pass or authorising documents, from Bandar Kadav-Thirunavaya. The vehicle was taken into custody by the police.
4. When the bail application was taken up for hearing,
learned Public Prosecutor submitted that, investigation is over and final report has been filed before Judicial First Class Magistrate Court-I, Tirur. B.A No.868 of 2022 3 So, the petitioner is directed to surrender before the jurisdictional Magistrate on or before 12.07.2022 to seek regular bail. With the above direction, this bail application is closed. Sd/- SOPHY THOMAS JUDGE smp