Abdulla P.K. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 17TH DAY OF SEPTEMBER 2015/26TH BHADRA, 1937 Bail Appl..No. 5316 of 2015 ------------------------------- CRIME NO. 1387/2015 OF MALAPPURAM POLICE STATION, MALAPPURAM DISTRICT. ..........

PETITIONER/ACCUSED:

---------------------------------- ABDULLA P.K., S/O.MOHAMMED P.K., AGED 48 YEARS, PICHEN KEDATUTHIDY, KODUR WEST, MALAPPURAM DISTRICT.

BY ADV. SRI.K.RAKESH RESPONDENT(S)/STATE & COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.

2. THE SUB INSPECTOR OF POLICE, MALAPPURAM POLICE STATION, MALAPPURAM DISTRICT, PIN - 676505.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

-------------------------------------- B.A. No.5316 of 2015 -------------------------------------- Dated this the 17th day of September, 2015

ORDER

Petition under Section 438 of the Code of Criminal Procedure.

2.

Petitioner is the accused in Crime No.1387 of 2015 of Malappuram Police Station registered for offences punishable under Section 379 of the Indian Penal Code and Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

3.

Allegation against the petitioner is that on 22.08.2015, he was found transporting river sand illegally without a valid permit. Petitioner pleaded innocence. 4.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5.

The offences alleged against the petitioner have a direct bearing on the ecological balance and economic interest of this Country. Therefore, I am of the view that the petitioner is

B.A. No.5316 of 2015 2 not entitled to plead for pre-arrest bail under Section 438 of the Code of Criminal Procedure. He shall surrender before the Investigating Officer within two weeks from today and submit himself for interrogation. The Investigating Officer shall produce him before the learned Magistrate having jurisdiction on the date of surrender itself. Thereafter, the petitioner is free to move for regular bail before the learned Magistrate. In that event, the learned Magistrate shall consider the application as expeditiously as possible on merits.

Sd/- A.HARIPRASAD, JUDGE.

//True copy// P.A to Judge amk