HIGH COURT OF KERALA

Yousaf M.V vs State Of Kerala

Bail Application No 2053 of 2024 On 11 April 2024

Hon'ble Judges: C.S.Dias

Case Type: Bail Application

Final Decision: 

Advocates: Irfan Ziraj, P.M.Ziraj, Seetha S

Citations: 
2024 0 CJ(Ker) 498

ACTS REFERRED: 
Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, Section 23
Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, Section 20
Indian Penal Code, 1860, Section 379
Code of Criminal Procedure, 1973, Section 438

(A) Code of Criminal Procedure, 1973, Section 438 - Direction for grant of bail to person apprehending arrest(B) Indian Penal Code, 1860, Section 379 - Punishment for theft(C) Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, Section 23, Section 20 Sri.Irfan Ziraj, the learned counsel appearing for the petitioner and Smt.Seetha S., the learned Public Prosecutor. When the bail application came up for consideration on 202024, this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within seven days from the date of order and subject himself for interrogation. The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 202024 passed by this Court, the petitioner has subjected himself to interrogation on 20202

Judgement Text

1. The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.

2. The petitioner is the accused in Crime No.349/2024 of the Kottakkal Police Station, Malappuram registered against the accused for allegedly committing the offence punishable under Section 379 of the Indian Penal Code and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

3. Heard; Sri.Irfan Ziraj, the learned counsel appearing for the petitioner and Smt.Seetha S., the learned Public Prosecutor.

4. When the bail application came up for consideration on 22.03.2024, this Court passed an interim order, by directing the petitioner to surrender before the Investigating Officer within seven days from the date of order and subject himself for interrogation.

5. The learned Public Prosecutor, on instructions, submitted that, pursuant to the order dated 22.03.2024 passed by this Court, the petitioner has subjected himself to interrogation on 25.03.2024. The petitioner's further presence is not required. Hence, the interim order can be made absolute, subject to additional conditions. The said submission is recorded.

Resultantly, the bail application is disposed of, subject to the following conditions:

(i) The petitioner shall