K.R.Biju Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1089414
CourtKerala High Court
Decided OnSep-26-2013
JudgeHONOURABLE MR.JUSTICE THOMAS P.JOSEPH
AppellantK.R.Biju
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice thomas p.joseph thursday, the26h day of september20134th aswina, 1935 bail appl..no. 6085 of 2013 -------------------------------------- [crime no. 422/2013 of poovar police station , thiruvananthapuram] .................. petitioner/accused: ---------------------------------- k.r.biju, s/o.ramachandran, aged35years, chandralayam, apattuvila, thirupuram p.o, neyyattinkara. by adv. sri.g.sudheer (karakonam). respondent/complainant: -------------------------------------------- state of kerala, represented by the public prosecutor, high court of kerala. by public prosecutor sri. sreejith. this bail application having come up for admission on2609-2013, the court on the same day passed the following: prv. thomas p. joseph, j.-------------------------------- bail appl. no. 6085 of 2013 -------------------------------------------- dated this the 26th day of september 2013 order petitioners are accused in crime no.422 of 2013 of poovar police station for the offences punishable under sections 17(4) and 23 read with section 20 of the kerala protection of river banks and regulation and removal of sand act and section 4(1) read with section 21 of mines and minerals regulations and developments act.2. it is alleged that on 13.06.2013 at about 8.45 pm, the petitioner collected sand from river, sea, land etc. and kept in his premises for sale.3. learned counsel submits that the petitioner who is constructing a house had collected m-sand.4. learned public prosecutor submitted that involvement of the petitioner in other incidents is to be probed and that sand was collected in the premises of the petitioner for sale.5. in the light of the above, the request for anticipatory bail cannot be allowed since petitioner may bail appl. no. 6085 of 2013 2 have to be questioned by the police. but i am inclined to grant some relief to the petitioner. resultantly, this petition is disposed of as under.1. petitioner is granted three weeks time from this day to appear before the jurisdictional magistrate and seek regular bail.2. if during the period of three weeks the petitioner is arrested in crime no.422 of 2013 of poovar police station, he shall be released during the said period of three weeks on his executing bond for rs.15,000/- (rupees fifteen thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions. (a) petitioner shall report to the officer investigating crime no.422 of 2013 of poovar police station on every monday and saturday between 9.00 am and 12.00 pm and on other days as directed by the investigating officer during the said period of three weeks. bail appl. no. 6085 of 2013 3 (b) petitioner shall not indulge in similar offences during the said period of three weeks. (c) petitioner, on his appearance before the learned magistrate may move appropriate application for bail. but, a copy of the bail application shall be given to the assistant public prosecutor at least three working days in advance. (d) if custodial interrogation of the petitioner is required, it is open to the investigating officer also to move appropriate application before the learned magistrate. (e) the application/s (if any preferred as above) shall be disposed of by the learned magistrate on its merit as early as possible. sd/- thomas p. joseph judge ns
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE26H DAY OF SEPTEMBER20134TH ASWINA, 1935 Bail Appl..No. 6085 of 2013 -------------------------------------- [CRIME NO. 422/2013 OF POOVAR POLICE STATION , THIRUVANANTHAPURAM] .................. PETITIONER/ACCUSED: ---------------------------------- K.R.BIJU, S/O.RAMACHANDRAN, AGED35YEARS, CHANDRALAYAM, APATTUVILA, THIRUPURAM P.O, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER (KARAKONAM). RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. SREEJITH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2609-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. THOMAS P. JOSEPH, J.

-------------------------------- Bail Appl. No. 6085 of 2013 -------------------------------------------- Dated this the 26th day of September 2013 ORDER

Petitioners are accused in Crime No.422 of 2013 of Poovar Police Station for the offences punishable under Sections 17(4) and 23 read with Section 20 of the Kerala Protection of River Banks and Regulation and Removal of Sand Act and Section 4(1) read with Section 21 of Mines and Minerals Regulations and Developments Act.

2. It is alleged that on 13.06.2013 at about 8.45 pm, the petitioner collected sand from river, sea, land etc. and kept in his premises for sale.

3. Learned counsel submits that the petitioner who is constructing a house had collected M-sand.

4. Learned Public Prosecutor submitted that involvement of the petitioner in other incidents is to be probed and that sand was collected in the premises of the petitioner for sale.

5. In the light of the above, the request for anticipatory bail cannot be allowed since petitioner may Bail Appl. No. 6085 of 2013 2 have to be questioned by the Police. But I am inclined to grant some relief to the petitioner. Resultantly, this petition is disposed of as under.

1. Petitioner is granted three weeks time from this day to appear before the Jurisdictional Magistrate and seek regular bail.

2. If during the period of three weeks the petitioner is arrested in Crime No.422 of 2013 of Poovar Police Station, he shall be released during the said period of three weeks on his executing bond for Rs.15,000/- (Rupees fifteen thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions. (a) Petitioner shall report to the officer investigating Crime No.422 of 2013 of Poovar Police Station on every Monday and Saturday between 9.00 am and 12.00 pm and on other days as directed by the investigating officer during the said period of three weeks. Bail Appl. No. 6085 of 2013 3 (b) Petitioner shall not indulge in similar offences during the said period of three weeks. (c) Petitioner, on his appearance before the learned Magistrate may move appropriate application for bail. But, a copy of the Bail Application shall be given to the Assistant Public Prosecutor at least three working days in advance. (d) If custodial interrogation of the petitioner is required, it is open to the investigating officer also to move appropriate application before the learned Magistrate. (e) The application/s (if any preferred as above) shall be disposed of by the learned Magistrate on its merit as early as possible. Sd/- THOMAS P. JOSEPH JUDGE NS