Ramsheed U.P. vs State Of Kerala And Anr

This is an application for regular bail under Section 439 of Cr.P.C.

The applicant is the sole accused in Crime No.1114/2020 of Pantheerankavu Police Station for having allegedly committed offences punishable

under Section 379 of the I.P.C. and under Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act.

The prosecution case, in brief, is that on 17.11.2020, the police party intercepted a mini lorry bearing Reg.No.KL-55-2435 loaded with river sand.

The applicant abandoned the vehicle and fled away. Subsequently, on 29.11.2020 he was arrested and remanded to judicial custody. He continues to

remain in custody.

The applicant states that he is innocent and that the allegations are not true, and therefore, he may not be detained for any longer period.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor submits that the applicant is involved in offences of similar nature earlier also, and therefore, granting of bail to the

applicant would only encourage him to commit offences of similar nature in future also. Hence, bail may not be granted to him.

After hearing the submissions on both sides, I find that no purpose will be served by detaining the applicant for a longer period than this. The sand

as well as the lorry have already been seized by the police. Considering the fact that the applicant is involved in offences of similar nature, stringent

conditions can be imposed for granting the bail.

In the result, the Bail Application is allowed and the applicant is directed to be released on bail on the execution of bond for Rs.50,000/- (Rupees fifty

thousand only), with two solvent sureties each, for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:

i) He shall appear before the investigating officer on all Saturdays between 9.00 AM and 12.00 noon for a period of two months or till the final report

is filed, whichever is earlier;

ii) He shall not attempt to influence or intimidate the witnesses; and

iii) He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.