Kerala High Court
Bail Appl./9571/2021 of MOHAMMED NOUFAL, Vs STATE OF KERALA, on 31 December 2021
1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 BAIL APPL. NO.9571 OF 2021 CRIME NO.617/2021 OF Valanchery Police Station, Malappuram PETITIONER: MOHAMMED NOUFAL, AGED 24 YEARS, S/O.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943BAIL APPL. NO.9571 OF 2021
CRIME NO.617/2021 OF Valanchery Police Station, Malappuram PETITIONER:
MOHAMMED NOUFAL,AGED 24 YEARS,S/O. AHAMMED, MELETHIL, BEERANCHIRA, VETTAM, TRIPANGOD, PALLIPPURAM, MALAPPURAM-676 102.BY ADV P.C.ANIL KUMAR
RESPONDENT:
STATE OF KERALA,HIGH COURT OF KERALA, ERNAKULAM-682 031
REPRESENTED BY THE PUBLIC PROSECUTOR,
BY PUBLIC PROSECUTOR SMT.T.V.NEEMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2021, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:
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ORDER
This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.
2. The petitioner is an accused in Crime No.617/2021 of Valancherry Police Station. The offences alleged are under Section379 of IPC and Sections 20 and 23 of the Kerala Protection ofRiver Banks and Regulation of Removal of Sand Act, 2001.
3. The prosecution case in short is that on 29.11.2021 at about 7.00 pm., the petitioner was found transporting river sandillegally in a lorry bearing registration No.KL/07 AY 8273 andthereby committed the offence.
4. Heard both sides and perused the case diary.
5. The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falselyimplicated in the present case. He further submitted that thereare no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the allegedincident occurred as a part of the intentional criminal acts of thepetitioner and if the petitioner is released on bail at this stage, itwould affect the course of investigation.
6. The offence under Sections 20 and 23 of the KeralaProtection of River Banks and Regulation of Removal of Sand Act,2001 is bailable in nature. It is settled that when there isspecific/special law covering the question of theft of river sand,the offence under Indian Penal Code would not apply.Considering the allegations levelled against the petitioner, thecustodial interrogation of the petitioner does not appear to benecessary. For all these reasons, the petitioner is entitled to pre-arrest bail on conditions.
In the result, the application is allowed on the followingconditions:-
(i) The petitioner shall be released on bail in
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the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with twosolvent sureties for the like sum each to thesatisfaction of the arresting officer/investigatingofficer, as the case may be.
(ii) The petitioner shall fully co-operate withthe investigation, including subjecting himself to thedeemed police custody for the purpose of discovery,if any, as and when demanded.
(iii) The petitioner shall appear before theinvestigating officer between 10.00 a.m and 11.00a.m on every Saturday until further orders. Thepetitioner shall also appear before the investigatingofficer as and when required by him.
The petitioner shall appear before the
(iv) The petitioner shall not commit anyoffence of like nature while on bail.
(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence anywitnesses or other persons related to theinvestigation.
(vi) The petitioner shall not leave State of
Kerala without the permission of the trial Court.
ab
Sd/-
DR. KAUSER EDAPPAGATHJUDGE