Gopesh v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 Bail Appl..No. 2571 of 2015 () ------------------------------- CRIME NO. 360/2015 OF VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT -------------- PETITIONERS/ACCUSED:-:
------------------------------------
1. GOPESH, AGED 27 YEARS,S/O.GOPALAN, KARIYATHANKUZHI, CHERUVAYOOR, VAZHAKKAD, MALAPPURAM DISTRICT.
2. RIYAS, AGED 30 YEARS,S/O.MOIDEENKUTTY, NANMANDA HOUSE, CHERUVAYOOR, VAZHAKKAD, MALAPPURAM DISTRICT.
BY ADVS.SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENTS/STATE & COMPLAINANT:-:
------------------------------------------------------------
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.
2. THE SUB INSPECTOR OF POLICE, VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT PIN - 673 640.
R1 & R2 BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - B.A. No.2571 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2.
Petitioners are alleged to have committed the offences under Sections 379 of Indian Penal Code and also under Sections 12 and 23 of the Kerala Protection of River Banks and Regulation of removal of Sand Act.
3.
The prosecution case is that they were found transporting river sand without any permit or authority and on seeing the police they left the place abandoning the vehicle.
4.
Heard.
5.
There is a prima facie case against the petitioners; they were plundering in the wealth of nation. Such persons are not entitled to get an order under Section 438 Cr.P.C.
In the result, this application is dismissed. Submission of the learned counsel that the petitioners will surrender before the investigating officer is
B.A. No.2571 of 2015 recorded. They may do so if they are so advised. sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge