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High Court of KeralaBail Appl./2977/2015dismissed

Mohammed Jamsheer v. The Station House Officer

2015-06-02Honourable Mr. Justice K.Abraham Mathew2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Bail Appl..No. 2977 of 2015 --------------------------------------- CRIME NO. 368/2015 OF PANDIKAD POLICE STATION , MALAPPURAM ------------------ PETITIONER(S)/ACCUSED:

------------------------------------- MOHAMMED JAMSHEER, AGED 21 YEARS, S/O. AYAMMU, PEECHAMANNIL HOUSE, PANDIKKAD POST, MALAPPURAM DISTRICT.

BY ADV. SRI.T.PRASAD RESPONDENT(S)/COMPLAINANT:

----------------------------------------------- THE STATION HOUSE OFFICER PANDIKKAD POLICE STATION, MALAPPURAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.REMA .R THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

K.ABRAHAM MATHEW, J.

------------------------------------------- B.A.No.2977 of 2015 ------------------------------------------- Dated this the 2nd day of June, 2015

ORDER

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is alleged to have committed the offence under Section 379 of IPC and Sections 20 and 23 of Kerala Protection of River Banks and Regulation of Removal of Sand Act.

3.

The prosecution case is that at about 11.00 in the night he was found removing river sand in a car without any permit or other authority. 4.

Heard.

5.

Learned counsel submits that the prosecution case is not believable. I do not find anything unbelievable in the prosecution version. Merely because the vehicle used is a car this court cannot take a view that the prosecution case is unbelievable. Prima facie, the petitioner has committed the offences alleged against him. A person who commits theft of natural resources of the nation is not entitled to grant anticipatory bail.

In the result, this application is dismissed. Learned counsel submits that the petitioner will surrender before the investigating officer. He may do so if he is so advised.

K.ABRAHAM MATHEW JUDGE pm