IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 532 of 2008()
1. K.P.USMAN AGED 45 YEARS, S/O.BAVA,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.A.MOHAMMED
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :30/01/2008
O R D E R
R.BASANT, J.
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B.A.No.532 of 2008
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Dated this the 30th day of January 2008
O R D E R
Application for anticipatory bail. The petitioner faces
allegations for offences punishable inter alia under Section 379
I.P.C and the provisions of the Mines and Minerals (Development
and Regulation) Act. The crux of the allegations against the
petitioner is that a load of sand was transported in his lorry on
11/8/2006. Apprehending arrest, he had come to this court
earlier and his application for anticipatory bail was dismissed as
per order dated 22/09/2006 in B.A.No.5576/2006. The petitioner
has now been arrayed as an accused. He apprehends imminent
arrest. He then seeks anticipatory bail.
2. The learned Public Prosecutor submits that it has now
been ascertained that the vehicle involved in the crime belongs
to the petitioner and he is the registered owner of the said
vehicle. State has no objection in granting anticipatory bail to
the petitioner; but appropriate conditions shall be imposed which
shall ensure proper and expeditious investigation of the case,
submits the learned Public Prosecutor.
B.A.No.532/08 2
3. I am satisfied that the petitioner can be granted
anticipatory bail. In the absence of opposition, it is not
necessary for me to advert to facts in any greater detail.
4. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of the
petitioner.
i) Petitioner shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 06/02/2008. He
shall be released on regular bail on condition that he executes a
bond for Rs.25,000/-(Rupees twenty five thousand only) with two
solvent sureties each for the like sum to the satisfaction of the
learned Magistrate.
ii) The petitioner shall make himself available for
interrogation before the investigating officer between 10 a.m
and 3 p.m on 07/02/2008. During this period, the investigating
officer shall be at liberty to interrogate the petitioner in custody
and take all necessary steps for the proper conduct of the
investigation in this crime. Thereafter the petitioner shall so
appear as and when directed by the investigating officer in
writing to do so.
B.A.No.532/08 3
(iii) If the petitioner does not appear before the learned
Magistrate as directed in clause (i), directions issued above shall
thereafter stand revoked and the police shall be at liberty to
arrest the petitioner and deal with him in accordance with law,
as if these directions were not issued at all.
(iv) If he were arrested prior to 06/02/2008, he shall be
released from custody on his executing a bond for Rs.25,000/-
(Rupees twenty five thousand only) without any sureties,
undertaking to appear before the learned Magistrate on
06/02/2008.
(R.BASANT, JUDGE)
jsr
B.A.No.532/08 4
B.A.No.532/08 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007