Prasad vs State of Kerala

Type Court Judgment Court Kerala Decided May 29, 2020

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Citation: sooperkanoon.com/1767606
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: May 29, 2020
Case Number: Bail Appl./3111/2020

Parties & Advocates

Appellant / Petitioner

Prasad

Respondent

State of Kerala

Excerpt

.....the petitioners do not have any criminalantecedents. they are willing to co-operate with the investigation. there is no possibility of their absconding, tampering with evidence or influencing witnesses. under the circumstances, i find that thepetitioners are entitled to pre-arrest bail.5. in the result, the bail application is allowed. the petitioners are directed to surrender before the investigating officer within two weeks, and after interrogation, in the event of their being arrested, they shall be released on bail on execution of bond for rs.50,000/- (rupees fifty thousand only) each with two solvent sureties, each for the like amount to the satisfaction of the investigating officer on the following conditions:(i) they shall appear before the investigating officer as and when called for and co- operate with the investigation.(ii) they shall not intimidate or influence the witnesses.(iii) they shall not get involved in anysimilar offence during the currency of the bail. in case of breach of any of the above bail conditions, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court. sd/- ashok menon judge jg appendix petitioner's exhibits annexure-a : true copy of the fir in crime no.183/2020 of alathur police station, palakkad dated 25.3.2020 along with copy of the complaint.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF MAY 2020 / 8TH JYAISHTA, 1942 Bail Appl..No.3111 OF 2020 CRIME NO.183/2020 OF Alathur Police Station , Palakkad PETITIONERS/ACCUSED 2 & 3: 1 PRASAD AGED 25 YEARS S/O.VELAYUDHAN, PAYITTAMKUNNAM, MELARCODE, ALATHUR, PALAKKAD. 2 MAKUDESWARAN, AGED 34 YEARS S/O.SELVARAJ, 102 A, KALIKKANYAKKANPATTY, PALANY, TAMIL NADU. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS/COMPLAINANT AND STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 THE SUB INSPECTOR OF POLICE, ALATHUR POLICE STATION, ALATHUR, PALAKKAD-678 541. OTHER PRESENT: SRI. AMJAD ALI PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.05.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ASHOK MENON, J.
------------------------------------ BA No.3111 of 2020 ------------------------------------- Dated this the 29th day of May, 2020

O R D E R

This is a petition for anticipatory bail filed under Section 438 Cr.PC.

2. Petitioners are accused 2 and 3 in Crime No.183/2020 of Alathur Police Station, Palakkad District for having allegedly committed offence punishable under Section 23 of the Kerala Conservation

of Paddy Land and Wet Land Act, 2008. The prosecution case in brief is that on 27.2.2020 at about 11.30 a.m., the petitioners being drivers of earth movers bearing Regn.Nos.KL-70/E-4949 and KL-07/AU-2560 were found engaged in illegal conversion of paddy land comprised in RS.No.53/2 in Block No.29 of Kavisseri-I Village of Alathur Taluk of Palakkad District belongs to the first accused. The petitioners contend that they are lorry drivers and that in the first instance, they may not be able to find out whether the land which was being allegedly converted is actually a paddy land or not.

They    did     not       go    through          any        revenue       records         also.
Therefore,          it    is     contended                 that    they       are        falsely
implicated.          They seek anticipatory bail.
       3.      Heard the learned counsel appearing for the

petitioners and the learned Public Prosecutor.

4. The petitioners do not have any criminal

antecedents.             They are willing to co-operate with the
investigation.                 There        is        no     possibility            of     their
absconding,          tampering          with           evidence          or     influencing
witnesses.           Under the circumstances, I find that the

petitioners are entitled to pre-arrest bail.

5. In the result, the Bail Application is allowed. The petitioners are directed to surrender before the investigating officer within two weeks, and after interrogation, in the event of their being arrested, they shall be released on bail on execution of bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties, each for the like amount to the satisfaction of the investigating officer on the following conditions:

(i) They shall appear before the investigating officer as and when called for and co- operate with the investigation.

(ii) They shall not intimidate or influence the witnesses.

(iii) They shall not get involved in any

similar offence during the currency of the bail. In case of breach of any of the above bail conditions, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional Court. Sd/- ASHOK MENON JUDGE jg APPENDIX PETITIONER'S EXHIBITS ANNEXURE-A : TRUE COPY OF THE FIR IN CRIME NO.183/2020 OF ALATHUR POLICE STATION, PALAKKAD DATED 25.3.2020 ALONG WITH COPY OF THE COMPLAINT.

Same Court & Year Kerala · 2020 Same Parties Prasad vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon