Muhammed Ali v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 Bail Appl..No. 6283 of 2015 ------------------------------------- CRIME NO. 908/2015 OF VALANCHERY POLICE STATION, MALAPPURAM -------------------- PETITIONER(S)/ACCUSED:

------------------------------------- MUHAMMED ALI, AGED 24 YEARS S/O. ABDUL HAMEED, PANICHIKKAL HOUSE, IRIMBILIYUM P.O., TIRUR TALUK, MALAPPURAM DISTRICT.

BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA SRI.S.KANNAN SRI.P.B.UNNIKRISHNAN NAIR RESPONDENT(S)/STATE AND COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

2. THE SUB INSPECTOR OF POLICE, VALANCHERY POLICE STATION, MALAPPURAM DISTRICT - 676 128.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A.HARIPRASAD, J.

-------------------------------------- B.A. No.6283 of 2015 -------------------------------------- Dated this the 14th day of October, 2015

ORDER

Petition under Section 438 of the Code of Criminal Procedure. 2.

Petitioner is the accused in Crime No.908 of 2015 of Valanchery 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.

Heard both sides.

4.

Learned counsel for the petitioner submitted that petitioner is innocent of all the allegations.

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 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

BA No.6283/2015 before the learned Magistrate. In that event, the learned Magistrate shall consider the application as expeditiously as possible on merits. Application is disposed of.

A. HARIPRASAD, JUDGE.

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