Kerala High Court

Bail Appl./8988/2014 of RANJEESH.P.P. Vs THE STATE OF KERALA on 30 December 2014

COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 30TH DAY OF DECEMBER 2014/9TH POUSHA, 1936 Bail Appl..No. 8988 of 2014 --------------------------------------- CRIME NO.831/2014 OF KALPAKANCHERY POLICE STATION, MALAPPURAM DISTRICT ------------------

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

TUESDAY, THE 30TH DAY OF DECEMBER 2014/9TH POUSHA, 1936

Bail Appl..No. 8988 of 2014

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CRIME NO.831/2014 OF KALPAKANCHERY POLICE STATION, MALAPPURAM DISTRICT

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PETITIONER(S)/ACCUSED :

----------------------------------------- RANJEESH.P.P., AGED 26 YEARS, S/O.KRISHNAN P.P., PUTHANIPARAMBIL HOUSE, THRIPRANGODE, TIRUR, MALAPPURAM DISTRICT.

BY ADV. SRI.BABU S. NAIR

RESPONDENT(S)/STATE AND COMPLAINANT :

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.

2. THE SUB INSPECTOR OF POLICE, KALPAKANCHERY POLICE STATION, MALAPPURAM DISTRICT, PIN-676 551. KALPAKANCHERY POLICE STATION, MALAPPURAM DISTRICT, PIN-676 551.

BY PUBLIC PROSECUTOR SMT.R.REMA

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

B.KEMAL PASHA, J.

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B.A. No.8988 of 2014

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Dated this the 30[th] day of December, 2014

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioner is the accused in Crime No.831 of 2014of the Kalpakanchery Police Station registered for the offences punishable under Section 379 IPC and also under Sections 20and 21 of the Kerala Protection of River Banks and Regulationof Removal of Sand Act, 2001.

3. The allegation against the petitioner is that on15.12.2014, he was found transporting sand illegally collectedfrom the river without any licence or authorization by a minilorry bearing Reg.No.KL-10Q/1620. On seeing the Policeparty, he ran away from the spot. The vehicle and the sandwere recovered.

4. Heard learned counsel for the petitioner and B.A.No.8988 of 2014

learned Public Prosecutor. Perused the CD.

5. No criminal antecedents have been reported against the petitioner. It seems that the sand illegally collected and thevehicle have been seized in the case. Investigation of the caseis practically over. Custodial interrogation of the petitioner isnot required in the matter as there is nothing more to berecovered. Considering the facts and circumstances of the caseand the absence of any criminal antecedents on his part, I amof the view that this is fit case wherein anticipatory bail can begranted to the petitioner.

In the result, this bail application is allowed and theinvestigating officer or such other police officer, who isconducting the arrest of the petitioner, is directed to enlarge thepetitioner on bail in the event of his arrest, on his executing abond for Rs.25,000/- (Rupees twenty five thousand only) withtwo solvent sureties for the like sum each to the satisfaction ofthe officer conducting arrest, and subject to the followingterms and conditions:- B.A.No.8988 of 2014

-: 3 :-

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(i) The petitioner shall report before theinvestigating officer in between 09.00 a.m. and11.00 a.m. on all Fridays and Tuesdays commencingfrom 02.01.2015 for a period of three months or tillthe filing of the final report in this case, whicheveris earlier.

(ii) The petitioner shall not tamper with theevidence or influence witnesses.

(iii) The petitioner shall make himselfavailable for interrogation as and when required bythe investigating officer.

(iv) The petitioner shall not involve in any offence while on bail.

It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.

dl

Sd/-

B. KEMAL PASHA

JUDGE

// True Copy //

PA to Judge

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