ZAINUL ABIDHEEN v. STATE OF KERALA and THE SUB INSPECTOR OF POLICE VALANCHERRY POLICE STATION, MALAPPURAM DISTRICT

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 4[TH] DAY OF APRIL 2024 / 15TH CHAITHRA, 1946 ``` ``` BAIL APPL. NO. 2571 OF 2024 ``` ``` CRIME NO.369/2024 OF Valanchery Police Station, Malappuram ``` ``` --------------- ``` ## **`PETITIONER :-`** ``` ZAINUL ABIDHEEN, AGED 44 YEARS SON OF SAMBASIVAN NADESHAN, PARAPPURATH HOUSE, KALPAKANCHER, MALAPPURAM, KERALA, PIN - 676 551 ``` ``` BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ ``` ## **`RESPONDENTS :-`** - **`1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031`** - **`2 THE SUB INSPECTOR OF POLICE VALANCHERRY POLICE STATION, MALAPPURAM DISTRICT, PIN - 676 552`** ## **`OTHER PRESENT:`** ## **`PP SMT SHYNIMOL P O`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NO. 2571 OF 2024 ``` 2 ## **Dated this the 4th day of April, 2024** ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.369/2024 of the Valanchery Police Station, Malappuram, registered against him for allegedly committing the offences punishable under Section 379 of the Indian Penal Code (in short, 'IPC') and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The petitioner was arrested on 21.03.2024. 2. The essence of the prosecution case is that: on 13.03.2024 at around 4.30 hours, the accused was seen driving a lorry bearing No.KL 46A 0774 carrying river sand in it without any license or permission. Thus, the accused has committed the above offences. ``` BAIL APPL. NO. 2571 OF 2024 ``` 3 3. Heard; Sri.P.M.Ziraj, the learned counsel appearing for the petitioner and Smt.Shynimol V.O., the learned Public Prosecutor. 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations leveled against him. He has been falsely implicated in the crime. There are no materials to link the petitioner's involvement in the case. In any given given case, the petitioner has been in judicial custody since 21.03.2024, the investigation in the case is practically complete and recovery has been effected. Likewise, this Court by Annexures 2 to 5 orders have granted orders of prearrest bail to similarly situated accused. Therefore, the petitioner's further detention is unnecessary. Hence, the application may be allowed. ``` BAIL APPL. NO. 2571 OF 2024 ``` **==> picture [7 x 9] intentionally omitted <==** 5. The learned Public Prosecutor opposed the application. Nonetheless, she conceded to the fact that the investigation in the case is complete and the final report has been laid on 26.03.2024 before the Judicial First Class Magistrate Court, Tirur. 6. After bestowing my anxious consideration to the facts, the rival submissions made across the Bar and the materials placed on record, especially considering the fact that the petitioner has been in judicial custody since 21.03.2024, that the investigation in the case is practically complete, recovery has been effected and the final report has been laid, I am of the view that the petitioner's further detention is unnecessary. Hence, I am inclined to allow the bail application. ``` BAIL APPL. NO. 2571 OF 2024 ``` 5 In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m till the final report is laid. He shall also appear before the Investigating Officer as and when required; (ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; ``` BAIL APPL. NO. 2571 OF 2024 ``` 6 (iii) The petitioner shall not commit any offence while he is on bail; (iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond; (v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law. (vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. ``` BAIL APPL. NO. 2571 OF 2024 ``` 7 (vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in _**Sushila Aggarwal v. State (NCT of Delhi) and another** [2020 (1) KHC 663]_ . Sd/- **C.S.DIAS, JUDGE** jvt/04.04.24 ``` BAIL APPL. NO. 2571 OF 2024 ``` 8 ## **`APPENDIX OF BAIL APPL. 2571/2024`** ## **`PETITIONER ANNEXURES`** ``` Annexure 1 ``` ``` TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NUMBER 369 OF 2024 OF VALANCHERRY POLICE STATION, MALAPPURAM DISTRICT ``` - **`Annexure 2 TRUE COPY OF THE ORDER DATED 31.12.2021 IN BA NO. 9571 OF 2021`** - **`Annexure 3 TRUE COPY OF ORDER DATED 23.11.2023 IN B.A 9429 OF 2023`** - **`Annexure 4 TRUE COPY OF ORDER DATED 25.01.2024 IN B.A NO.360 OF 2024`** - **`Annexure 5 TRUE COPY OF THE BAIL APPLICATION NO.2445 OF 2024 BEFORE THIS HONOURABLE COURT`** ``` Annexure 6TRUE COPY OF ORDER DATED 23.03.2024 IN C.M.P NO.986 OF 2024 BEFORE THE LEARNED JUDICIAL FIRST-CLASS MAGISTRATE- I, TIRUR ```