Abdurahiman v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 Bail Appl..No. 1640 of 2015 ------------------------------- CRIME NO. 274/2015 OF AREACODE POLICE STATION, MALAPPURAM DISTRICT. .........

PETITIONER/ACCUSED:

---------------------------------- ABDURAHIMAN, S/O.IBRAHIM, AGED 48 YEARS, MANIYAMKOLI HOUSE, VELLERI, CHEMRAKATTOOR (P.O MALAPPURAM DISTRICT).

BY ADV. SRI.T.K.AJITH KUMAR RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, AREACODE POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

---------------------- Bail Appl. No.1640 of 2015 -------------------------------------------- Dated this the 26th day of May 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioner apprehends that he will be arrested by the Police on the allegation that he has committed the offences under Secs.379 of Indian Penal Code and Secs.20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. The prosecution case is that, he was found transporting river sand in his vehicle without any permit or other documents.

3. Heard both sides.

4. The prosecution case is that when the Police attempted to seize the lorry in which the river sand was being carried without any permit the petitioner to whom the vehicle belongs and who was in the vehicle ran away from the place of occurrence. There is a prima facie case against him. He was committing theft of natural resources. He is not entitled to get the benefit of Sec.438 Cr.P.C.

In the result, the bail application is dismissed. Sd/- K. ABRAHAM MATHEW JUDGE NS