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Nisar vs the State of Kerala

NISAR vs The State of Kerala

Type Court Judgment Court Kerala Decided Jul 29, 2021
~2 min read
https://sooperkanoon.com/case/1653922

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./5337/2021

Parties & Advocates

Appellant / Petitioner

NISAR

Respondent

The State of Kerala

Excerpt

.....the petitioner who was transporting illegally mined river sand in a swaraj mazda lorry bearing regn. no. kl-47-758; when intercepted, he stopped the vehicle and ran away. the vehicle and the contraband were seized under a mahazar. apprehending arrest, the petitioner has moved this court seeking pre-arrest bail.3. i heard the learned counsel on both sides.4. it is submitted by the learned counsel that the contraband hasalready been seized under a mahazar. hence the question of custodial interrogation of the petitioner is out of place. moreover, he does not have criminal antecedents. in the circumstances, the petitioner is at liberty to surrender before the b.a. 5337/2021 3investigating officer within ten days from today and shall 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.bail application is allowed as above. sd/- k. haripal judge okb/29.7 //true copy// p.s. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL THURSDAY, THE 29TH DAY OF JULY 2021 / 7TH SRAVANA, 1943 BAIL APPL. NO. 5337 OF 2021 CRIME NO.664/2021 OF TIRUR POLICE STATION, MALAPPURAM PETITIONER/ACCUSED: NISAR AGED 27 YEARS S/O.MAMMIKKUTTY, VELLARIKKATT HOUSE, VETTOM, THRIPRANGODE P.O., MALAPPURAM DIST. - 679 102. BY ADVS. K.R.AVINASH (KUNNATH) ABDUL RAOOF PALLIPATH RESPONDENT/STATE: THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. OTHER PRESENT: SR.PP - SRI. SANTHOSH PETER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. 5337/2021 2

ORDER

Petitioner is the sole accused in crime No.664/2021 of Tirur police station, which was registered alleging offence under Section 379 of the IPC, Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and also Section 4(2)(e) and 5 of the Kerala Epidemic Diseases Ordinance, 2020.

2. It is alleged that on 08.07.2021 at 9.10 hours the police party came

across the petitioner who was transporting illegally mined river sand in a Swaraj Mazda lorry bearing Regn. No. KL-47-758; when intercepted, he stopped the vehicle and ran away. The vehicle and the contraband were seized under a mahazar. Apprehending arrest, the petitioner has moved this Court seeking pre-arrest bail.

3. I heard the learned counsel on both sides.

4. It is submitted by the learned counsel that the contraband has

already been seized under a mahazar. Hence the question of custodial interrogation of the petitioner is out of place. Moreover, he does not have criminal antecedents. In the circumstances, the petitioner is at liberty to surrender before the B.A. 5337/2021 3

Investigating Officer within ten days from today and shall 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.

Bail application is allowed as above. Sd/- K. HARIPAL JUDGE okb/29.7 //True copy// P.S. to Judge

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

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