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High Court of KeralaBail Appl./5470/2015disposed of

Nikhil K.P. v. State Of Kerala

2015-09-15Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937 Bail Appl..No. 5470 of 2015 ---------------------------------------- CRIME NO. 379 OF 2015 OF NILESWARAM POLICE STATION , KASARAGOD DISTRICT ------------------- PETITIONER(S)/ACCUSED :

------------------------------------------ NIKHIL K.P., AGED 24 YEARS, S/O.KRISHNAN K., POOVATTI, CHAYYOTH P.O., KASARAGOD DISTRICT.

BY ADVS.SRI.RAHUL SASI SMT.NEETHU PREM RESPONDENT(S)/COMPLAINANT :

---------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN- 682 031 BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

A.HARIPRASAD, J.

-------------------------------------- B.A. No.5470 of 2015 -------------------------------------- Dated this the 15th day of September, 2015

ORDER

Petition under Section 438 of the Code of Criminal Procedure.

2.

Petitioner is the accused in Crime No.379 of 2015 of Nileswaram Police Station registered for offences punishable under Section 379 of the Indian Penal Code and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

3.

Allegation against the petitioner is that on 05.08.2015, he was found transporting river sand illegally. 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.5470 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, amk JUDGE. //True copy// P.A to Judge