Babulu C. v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 15TH DAY OF OCTOBER 2015/23RD ASWINA, 1937 Bail Appl..No. 6305 of 2015 ------------------------------------------ CRIME NO. 962/2015 OF FEROKE POLICE STATION , KOZHIKODE DISTRICT ------------------- PETITIONER(S)/ACCUSED :

------------------------------------------ BABULU.C, AGED 20 YEARS, S/O.RAVI C., CHEMMAMCHERRY HOUSE, GANDHI NAGAR, LAKSHAMVEEDU, KUZHIMANNA P.O., MALAPPURAM DISTRICT- 673 641.

BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA SRI.S.KANNAN SMT.UMMUL FIDA 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, FEROKE POLICE STATION, KOZHIKODE DISTRICT- 673 002. BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

A.HARIPRASAD, J.

-------------------------------------- B.A. No.6305 of 2015 -------------------------------------- Dated this the 15th day of October, 2015

ORDER

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

Petitioner is the accused in Crime No.962 of 2015 of Feroke 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.

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.6305/2015 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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