Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

Sabeer vs State of Kerala

Sabeer vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 28, 2022
~3 min read
https://sooperkanoon.com/case/1560209

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./9653/2021

Parties & Advocates

Appellant / Petitioner

Sabeer

Respondent

State of Kerala

Excerpt

.....innocent in the matter. it is submitted that the vehicle and the sand have been seized by the police. it is submitted that the custody of the petitioner is not required for the purposes of any investigation.5. the learned public prosecutor, on instructions, would submit thatthough the sand and the lorry have been seized by the police, the presence of the petitioner is necessary for interrogation to complete the investigation into the case.6. having regard to the facts and circumstances of the case and considering the fact that the lorry and the sand have been recovered by the bail appl. no. 9653 of 2021 3police party, i am of the opinion that the petitioner can be granted anticipatory bail subject to conditions. in the result, this bail application is allowed. it is directed that the petitioner shall be released on bail, in the event of arrest in connection with crime no. 1322/2021 of tirur police station subject to the following conditions:-(i) petitioner shall execute a bond for a sum of rs.50,000/- (rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;(ii) petitioner shall report before the investigating officer in crime no. 1322/2021 of tirur police station as and when called upon to do so;(iii) petitioner shall not involve in any other crime while on bail.if any of the aforesaid conditions are violated, the investigating officer in crime no. 1322/2021 of tirur police station may file an application before the jurisdictional court for cancellation of bail. communicate a copy of this order to the district collector, malappuram, who shall ensure that expeditious steps are taken to complete the confiscation proceedings under the sand act.sd/- gopinath p. judge ajt

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 28TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943 BAIL APPL. NO. 9653 OF 2021 CRIME NO.1322/2021 OF Tirur Police Station, Malappuram PETITIONER/ACCUSED: SABEER AGED 36 YEARS S/O. MOIDEEN KUTTY PULLONI, RANGATTOOR PALLIPPADI, THIRUNAVAYA, MALAPPURAM DISTRICT-676301. BY ADVS. BINU V V VEETTIL VALAPPIL S.K.PREMJITH MENON RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. SMT. SEETHA S., SR. PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 9653 OF 2021 2

ORDER

This is an application for anticipatory bail.

2. Petitioner is the sole accused in Crime No.1322/2021 of Tirur

Police Station, Malappuram District alleging commission of offences under Section 379 of the Indian Penal Code and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereinafter referred to as the 'Sand Act' for short).

3. The allegation against the petitioner is that on 03-12-2021 at

about 09.25 a.m, the petitioner was found transporting illegally mined river sand without any pass or permit in violation of the provisions of the Sand Act in a mini lorry bearing Registration No.KL 13M 9583 .

4. The learned counsel for the petitioner submits that the petitioner

is absolutely innocent in the matter. It is submitted that the vehicle and the sand have been seized by the police. It is submitted that the custody of the petitioner is not required for the purposes of any investigation.

5. The learned Public Prosecutor, on instructions, would submit that

though the sand and the lorry have been seized by the police, the presence of the petitioner is necessary for interrogation to complete the investigation into the case.

6. Having regard to the facts and circumstances of the case and considering the fact that the lorry and the sand have been recovered by the BAIL APPL. NO. 9653 OF 2021 3

police party, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions. In the result, this bail application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in connection with Crime No. 1322/2021 of Tirur Police Station subject to the following conditions:-

(i) Petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall report before the Investigating officer in Crime No. 1322/2021 of Tirur Police Station as and when called upon to do so;

(iii) Petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 1322/2021 of Tirur Police Station may file an application before the jurisdictional Court for cancellation of bail. Communicate a copy of this order to the District Collector, Malappuram, who shall ensure that expeditious steps are taken to complete the confiscation proceedings under the Sand Act.

Sd/- GOPINATH P. JUDGE ajt

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial