Abdul Kareem Vs. Sub Inspector of Police, Edavanna - Court Judgment

SooperKanoon Citationsooperkanoon.com/1128972
CourtKerala High Court
Decided OnFeb-17-2014
JudgeHONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
AppellantAbdul Kareem
RespondentSub Inspector of Police, Edavanna
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice m.l.joseph francis monday, the17h day of february201428th magha, 1935 bail appl..no. 1062 of 2014 () ------------------------------- crl.mc1612014 of sessions court,manjeri crime no. 331/2011 of edavanna police station , malappuram petitioner/accused no2 ----------------------------------- abdul kareem, aged50years s/o.mohammed, panolan house, thrikkalangode amayoor, ernad taluk, malappuram district by adv. sri.k.m.sathyanatha menon respondents: -------------------- 1. sub inspector of police, edavanna police station, malappuram district pin679329 2. state of kerala,represented by the public prosecutor, high court of kerala,ernakulam kochi682031 r by public prosecutor, sri v s sreejith this bail application having come up for admission on1702-2014, the court on the same day passed the following: m.l. joseph francis j., - - - - - - - - - - - - - - - - - - - - - - - - - - - - bail application no.1062 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - dated this the 17th day of february 2014 order the petitioner is arrayed as the 2nd accused in crime no.331 of 2011 of edavana police station, alleging offences punishable under sections 332, 308, 120b, 109, 111 and 112 read with section 34 of the indian penal code and section 20 read with section 12 of the kerala protection of river banks ad regulation of removal of sand (amendment) act (for short 'the act'). the case of the prosecution is that on 28.9.2011 at pannippara at about 8.45 a.m., one sri.v.p. yoonus (first accused) found transporting river sand in vehicle no.kl10 z3546tipper lorry in violation of the provisions of the act by the bail application no.1062 of 2014 :2: respondent police. when the police directed to stop the vehicle, the vehicle drove away in an excessive speed in a manner causing hurt to the police officers. in the crime, the main allegation was raised against the first accused who drove the vehicle.2. the learned public prosecutor opposes the bail application. the the learned public prosecutor submitted that the first accused was arrested and subsequently released on bail. considering the facts and circumstances of the case, i am of the view that the arrest and detention of the petitioner is not required for the purpose of the investigation. hence this bail application is allowed. it is hereby directed that in the event of arrest of the petitioner in connection with the above case, he shall be released on bail on executing a bond for `25,000/- with two sureties each for the like sum to the satisfaction of the officer effecting arrest. bail application no.1062 of 2014 :3: the petitioner is directed to appear before the investigating officer as and when required. it is made clear that if the petitioner surrenders before the judicial first class magistrate having jurisdiction, within 30 days from today, the petitioner shall be released on bail on executing a bond for `25,000/- with two sureties each for the like sum to the satisfaction of the judicial first class magistrate. in that case also, the petitioner is directed to appear before the investigating officer as and when required. sd/ (m.l.joseph francis), judge. dl // true copy //
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE17H DAY OF FEBRUARY201428TH MAGHA, 1935 Bail Appl..No. 1062 of 2014 () ------------------------------- CRL.MC1612014 of SESSIONS COURT,MANJERI CRIME NO. 331/2011 OF EDAVANNA POLICE STATION , MALAPPURAM PETITIONER/ACCUSED NO2 ----------------------------------- ABDUL KAREEM, AGED50YEARS S/O.MOHAMMED, PANOLAN HOUSE, THRIKKALANGODE AMAYOOR, ERNAD TALUK, MALAPPURAM DISTRICT BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: -------------------- 1. SUB INSPECTOR OF POLICE, EDAVANNA POLICE STATION, MALAPPURAM DISTRICT PIN679329 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM KOCHI682031 R BY PUBLIC PROSECUTOR, SRI V S SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1702-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L. JOSEPH FRANCIS J., - - - - - - - - - - - - - - - - - - - - - - - - - - - - Bail Application No.1062 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of February 2014 ORDER

The petitioner is arrayed as the 2nd accused in Crime No.331 of 2011 of Edavana Police Station, alleging offences punishable under Sections 332, 308, 120B, 109, 111 and 112 read with Section 34 of the Indian Penal Code and Section 20 read with Section 12 of the Kerala Protection of River Banks ad Regulation of Removal of Sand (Amendment) Act (for short 'the Act'). The case of the prosecution is that on 28.9.2011 at Pannippara at about 8.45 a.m., one Sri.V.P. Yoonus (first accused) found transporting river sand in vehicle No.KL10 Z3546tipper lorry in violation of the provisions of the Act by the Bail Application No.1062 of 2014 :2: respondent police. When the police directed to stop the vehicle, the vehicle drove away in an excessive speed in a manner causing hurt to the police officers. In the crime, the main allegation was raised against the first accused who drove the vehicle.

2. The learned Public Prosecutor opposes the bail application. The The learned Public Prosecutor submitted that the first accused was arrested and subsequently released on bail. Considering the facts and circumstances of the case, I am of the view that the arrest and detention of the petitioner is not required for the purpose of the investigation. Hence this bail application is allowed. It is hereby directed that in the event of arrest of the petitioner in connection with the above case, he shall be released on bail on executing a bond for `25,000/- with two sureties each for the like sum to the satisfaction of the officer effecting arrest. Bail Application No.1062 of 2014 :3: The petitioner is directed to appear before the Investigating Officer as and when required. It is made clear that if the petitioner surrenders before the Judicial First Class Magistrate having jurisdiction, within 30 days from today, the petitioner shall be released on bail on executing a bond for `25,000/- with two sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate. In that case also, the petitioner is directed to appear before the Investigating Officer as and when required. sd/ (M.L.JOSEPH FRANCIS), JUDGE. dl // TRUE COPY //