Musthafa v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 Bail Appl..No. 6786 of 2015 ------------------------------- CRIME NO. 665/2015 OF KOLATHUR POLICE STATION, MALAPPURAM DISTRICT. .........

PETITIONER/ACCUSED:

----------------------------------- MUSTHAFA, S/O.MOIDEENKUTTY, AGED 33 YEARS, PULAKKAD HOUSE, KOLATHUR P.O., MALAPPURAM DISTRICT.

BY ADV. SRI.U.K.DEVIDAS RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION, MALAPPURAM DISTRICT, THOUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A.HARIPRASAD, J.

-------------------------------------- B.A. No.6786 of 2015 -------------------------------------- Dated this the 29th day of October, 2015

ORDER

Petition under Section 438 of the Code of Criminal Procedure.

2.

Petitioner is the accused in Crime No.665 of 2015 of Kolathur 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 08.06.2015 at about 21.00 hours, 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

B.A. No.6786 of 2015 2 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 before the learned Magistrate. In that event, the learned Magistrate shall consider the application as expeditiously as possible on merits. If petitioner does not surrender in the stipulated time, the Investigating Officer is free to arrest him as if no order is passed in this matter. Sd/- A.HARIPRASAD, amk JUDGE. //True copy// P.A to Judge