High Court Kerala High Court

Mujeeb vs State Of Kerala on 28 May, 2010

Kerala High Court
Mujeeb vs State Of Kerala on 28 May, 2010
       

  

  

 
 
  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

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