IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   FRIDAY ,THE 09TH DAY OF NOVEMBER 2018 / 18TH KARTHIKA, 1940

                      Bail Appl..No. 6602 of 2018

  AGAINST THE ORDER/JUDGMENT IN CRMC 775/2018 of SESSIONS COURT,
                     MANJERI DATED 15-09-2018

    CRIME NO. 112/2018 OF Edavanna Police Station , Malappuram



PETITIONER/ACCUSED:


             LUKMANUL HAKEEM
             AGED 32 YEARS
             S/O. ALI, PADINJAREYIL HOUSE, KUNNUMMAL, EDAVANNA
             P.O., ERNAD TALUK, MALAPPURAM DISTRICT.

             BY ADVS.
             SRI.P.SAMSUDIN
             SRI.JITHIN LUKOSE



RESPONDENT/COMPLAINANT:

             THE STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM - 682 031



OTHER PRESENT:
             PP AJITH MURALI


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 B.A.6602/18
                                           2




                                       ORDER

Petitioner herein, apprehending arrest in Crime No.112 of 2018 of Edavanna Police Station for offences punishable under section 269 of the Indian Penal Code, section 120(e) of the Kerala Police Act and Section 43 of the Water (Prevention and Control of Pollution) Act, 1947, seeks bail.

2. It is alleged that the petitioner herein on 24.07.2018 at 2.30 a.m., dumped chicken waste in front of the house of the defacto complainant polluting water streams and causing of contagious diseases. Investigation is progressing into the crime.

3. Learned Public Prosecutor, on instructions, submitted that the petitioner herein is involved in several other cases and he is repeatedly indulging in the same crime.

4. Though the conduct of the petitioner herein does not appear to be justifiable, I am inclined to take a lenient view. Hence, I am inclined to grant anticipatory bail to the petitioner herein subject to the following conditions.

(i) Petitioner shall appear before the investigation officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each.

B.A.6602/18 3

(ii) He shall appear before the investigating officer on all Wednesdays between 9 am and 10 am for the period of two months, from the date of execution of the bond.

(iii) He shall not repeat the above offence and if committed, bail is liable to be cancelled in accordance with law.

(iv) He shall not threaten, coerce or intimidate the defacto complainant or the witnesses Anticipatory bail application is allowed as above.

Sd/-

SUNIL THOMAS JUDGE Sbna/