Kerala High Court

Bail Appl./6706/2022 of MUHAMMED RIYAS Vs STATE OF KERALA on 30 December 2022

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 BAIL APPL. NO. 6706 OF 2022 CRIME NO.462 OF 2022 OF TRITHALA POLICE STATION, PALGHAT PETITIONER/PETITIONER: MUHAMMED RIYAS AGED 20 YEARS MANNETH HOUSE,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944BAIL APPL. NO. 6706 OF 2022

CRIME NO.462 OF 2022 OF TRITHALA POLICE STATION, PALGHAT

PETITIONER/PETITIONER:

MUHAMMED RIYASAGED 20 YEARSMANNETH HOUSE, KAINIKKARA, POYILISSERI, TRIPANGODE, TIRUR, MALAPPURAM , PIN - 676551

BY ADV P.C.ANIL KUMAR

RESPONDENT/RESPONDENT:

STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031BY ADV.SMT.SEETHA S, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.G. AJITHKUMAR, J. ------------------------------- B.A.No. 6706 of 2022

-------------------------------------------------------- Dated this the 30[th] day of December, 2022

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O R D E R

This is an application for anticipatory bail filed underSection 438 of the Code of Criminal Procedure, 1973.

2. The petitioner is the accused in Crime No.462 of2022 of Trithala Police Station, Palghat for having allegedlycommitted the offence punishable under Section 379 of theIndian Penal Code, 1860.

3. The prosecution allegation is that at about 02.05am, on 06.08.2022, the petitioner, being the driver of vehiclebearing registration No.KL 05 V 136, transported river sandwithout having any valid permit and thereby committed theaforesaid offence.

4. The petitioner would contend that he did notinvolve in the alleged crime and without any material orevidence, he was implicated in the crime.

5. The learned Public Prosecutor, objects grant of bailto the petitioner stating that releasing the petitioner on bail atthis stage will adversely affect the process of investigation.

6. Having heard the learned counsel on both sides andconsidering the nature of the offence, I am of the view that thedetention of the petitioner during the period of investigation isnot necessary in this case.

In the result, the bail application is allowed and theapplicant is directed to surrender before the investigatingofficer within two weeks. After interrogation and in the eventof being arrested, he shall be released on bail on the executionof a bond for Rs.50,000/- (Rupees fifty thousand only), withtwo solvent sureties for the like amount each, to thesatisfaction of the investigating officer, and on the followingconditions:

(i) He shall not influence or intimidatewitnesses or tamper with evidence;witnesses or tamper with evidence;

(ii) He shall appear before the investigatingofficer as and when called for; andofficer as and when called for; and

(iii) During the bail period, he shall not getinvolved in any offence.involved in any offence.

BAIL APPL. NO. 6706 OF 2022

In case of breach of the bail conditions, the prosecutionshall be at liberty to apply for cancellation of the bail beforethe jurisdictional court.

Sd/-

P.G. AJITHKUMAR, JUDGE

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