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