Shaheed vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 30, 2021

~2 min read

https://sooperkanoon.com/case/1646080

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

Citation: sooperkanoon.com/1646080
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Jun 30, 2021
Case Number: Bail Appl./4914/2021

Parties & Advocates

Appellant / Petitioner

Shaheed

Respondent

State of Kerala

Excerpt

.....is that on 12.06.2021 at 5 pm, he was found illegally transporting river sand in lorry bearingno.kl 17 c 8490. when the police intercepted him, he vanished from the place after abondoning the lorry and the contraband and thus the crime was registered. he has moved for pre-arrest bail when the police went in search of him.3. i heard the learned counsel for the petitioner and also the learned public prosecutor.4. the contraband and the lorry have already been seized. in the nature of the allegations, custodial interrogation of the petitioner is not necessary. no criminal -3- antecedent is noticed against the petitioner. therefore, the petitioner shall be at liberty to surrender before the investigating officer within ten daysfrom today and will make himself available for interrogation; in the event of arrest, he shall be released on bail on executing bond for rs.50,000/- (rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer; he shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.this bail application is allowed as above. sd/- k.haripal judge nkr/30.06.2021

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL WEDNESDAY, THE 30TH DAY OF JUNE 2021 / 9TH ASHADHA, 1943 BAIL APPL. NO. 4914 OF 2021 CRIME NO.212/2021 OF VALANCHERY POLICE STATION, MALAPPURAM PETITIONER/ACCUSED: SHAHEED AGED 33 YEARS S/O MUHAMMED MOULAVI, THARAKKAL PURAMANNUR P.O. IRIMBILIYAM, MALAPPURAM 676 102. BY ADV P.C.ANIL KUMAR RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. BY ADV.SMT. SREEJA V., PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

ORDER

Petitioner is the sole accused in crime No.212/2021 of Valanchery police station, which was registered alleging offence under Section 379 IPC and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Now he has applied for his release on bail under Section 438 of the Cr.P.C.

2. The allegation is that on 12.06.2021 at 5 pm, he was found illegally transporting river sand in lorry bearing

No.KL 17 C 8490. When the police intercepted him, he vanished from the place after abondoning the lorry and the contraband and thus the crime was registered. He has moved for pre-arrest bail when the police went in search of him.

3. I heard the learned counsel for the petitioner and also the learned Public Prosecutor.

4. The contraband and the lorry have already been seized. In the nature of the allegations, custodial interrogation of the petitioner is not necessary. No criminal -3- antecedent is noticed against the petitioner. Therefore, the petitioner shall be at liberty to surrender before the Investigating Officer within ten days

from today and will make himself available for interrogation; in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.

This bail application is allowed as above. Sd/- K.HARIPAL JUDGE nkr/30.06.2021

Same Court & Year Kerala · 2021 Same Parties Shaheed vs State of Kerala Same Judge Honourable Mr. Justice K.Haripal