IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3075 of 2010()
1. MUJEEB, S/O. ABDUL RASHEED,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.M.ZIRAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :28/05/2010
O R D E R
K.HEMA, J.
------------------
B.A. Nos. 3075 & 3076 of 2010
------------------------------------
Dated this the 28th day of May, 2010
O R D E R
Petition for anticipatory bail.
2. The alleged offences are under Sections 279 and 353
read with Section 34 of the Indian Penal Code and Sections 17(4)
and 20 of the Kerala Protection of River Banks and Regulation of
Removal of Sand Act. According to prosecution, first accused was
driving a lorry which contained illicit river sand. The police party
tried to stop the vehicle, but he did not stop the vehicle and drove
vehicle in a rash and negligent manner and hit against another
vehicle. The police officials were deterred from doing the duty.
Second accused is the owner of the lorry.
3. Learned counsel for petitioner submitted that second
accused was not present in the lorry and he has not commit any of
the offences alleged. First accused is also innocent of the
allegation made.
4. Learned Public Prosecutor conceded that as against
second accused, offence under Section 353 of the Indian Penal
Code will not lie, since he was not present at the scene and he is
B.A. Nos. 3075 & 3076 of 2010 2
the owner of the lorry. All other offences alleged are bailable. But
as far as the first accused is concerned, there are serious
allegations against him and it may not be proper to grant
anticipatory bail to him, it is submitted.
5. On hearing both sides, on considering the serious nature of
allegations made, I find that anticipatory bail cannot be granted to
petitioners. However, as far as second accused is concerned,
offence under Section 353 of the Indian Penal Code will not lie and
other offences are bailable. He may surrender before the
Magistrate court concerned or the police and seek appropriate
remedy.
These petitions are disposed of.
K. HEMA, JUDGE
ln