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MOOSA, AGED 41 YEARS v. THE STATION HOUSE OFFICER - Bail Appl No. 5459 of 2006  RD-KL 802 (19 September 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 5459 of 2006()
1. MOOSA, AGED 41 YEARS,
1. THE STATION HOUSE OFFICER,
2. STATE, REPRESENTED BY PUBLIC PROSECUTOR,
For Petitioner :SRI.M.B.PRAJITH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
O R D E R
J.M.JAMES, J.B.A. 5459/2006
DATED THIS THE 19TH DAY OF SEPTEMBER, 2006
O R D E RThe petitioner is the second accused in crime No.173/2006 of Erumapetty Police Station, which is now transferred and re-registered as crime No.219/2006 of Cheruthuruthy Police Station, for the offence punishable under Section 379 IPC and also under Section 21(1) read with Section 4(i) of the Mines and Minerals Regulation and Development Act (M.M.R.D.Act). The occurrence took place on 19.7.2006. The petitioner is before this Court, under Section 438 Cr.P.C.
2. I heard the arguments of both sides. The prosecution submitted that the petitioner is the owner of a lorry, in which the sand was unauthorisedly transported. The counsel for the petitioner submitted that he had been made an accused, only because he is the owner of the lorry.
3. The prosecution opposed the granting of a pre- B.A.5459/2006 2 arrest order, on the plea that the petitioner is a station rowdy and he had been committing similar offence, in the earlier occasion also.
4. After considering the submissions of both sides, I direct the petitioner to surrender before the Investigating Officer, who is investigating crime No.219/2006 of Cheruthuruthy police station, on 29.9.2006 between 9.30 a.m and 10.00 a.m.
5. The Investigating Officer shall interrogate the petitioner and produce him before the Court below. The learned Magistrate shall consider the application for bail, that may be filed by the petitioner, and pass orders on the same day of the production of the accused, on merit. The application is disposed of as above. J.M.JAMES
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