Muhammed Asharaf vs The State Of Kerala on 17 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7160 of 2009()


1. MUHAMMED ASHARAF
                      ...  Petitioner
2. SHIHABUDHEEN, S/O. UNNALI

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :17/12/2009

 O R D E R
                        K.T. SANKARAN, J.
                      ---------------------------
                      B.A. No. 7160 of 2009
                  ------------------------------------
             Dated this the 17th day of December, 2009


                             O R D E R

Muhammed Asharaf and Shihabudheen, the petitioners

herein, apprehend arrest in Crime No.560/2009 of Feroke Police

Station, on an accusation of having committed an offence under

Section 379 of the Indian Penal Code. The learned counsel for the

petitioners raised a contention that Section 379 is not applicable

for an offence of removal of sand from the river, as a special

statute governs the offence.

2. The learned Public Prosecutor submitted that as of now,

the prosecution has not collected any materials to implicate the

petitioners in the case and therefore, there is no intention to arrest

them. This submission is recorded. It is also submitted by the

learned Public Prosecutor that if the investigating officer is of the

view that some materials are forthcoming indicating the complicity

of the petitioners, a notice will be issued to the petitioners. This

submission is also recorded.

B.A. No. 7160 of 2009 2

The Bail Application is closed in the aforesaid circumstances,

reserving the right of the petitioners to approach this court again

as and when occasion arises.

Hand over copy to both sides.

K.T. SANKARAN, JUDGE

ln