Pradosh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 25TH DAY OF NOVEMBER 2015/4TH AGRAHAYANA, 1937 Bail Appl..No. 6937 of 2015 ------------------------------------------ CRIME NO. 1051/2015 OF BADAGARA POLICE STATION , KOZHIKODE DISTRICT -------------------- PETITIONER(S)/ACCUSED :
----------------------------------------- PRADOSH, AGED 28 YEARS, S/O. PRAMOD, PATTAYASTHALATHU VEEDU, PUTHUPPANAM (P.O), VADAKARA, KOZHIKODE.
BY ADVS.SRI.NIDHI BALACHANDRAN SRI.SABU GEORGE RESPONDENT(S)/STATE AND COMPLAINANT :
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. SUB INSPECTOR OF POLICE, BADAGARA POLICE STATION, KOZHIKODE-673 101.
BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
A.HARIPRASAD, J.
-------------------------------------- B.A. No.6937 of 2015 -------------------------------------- Dated this the 25th day of November, 2015
ORDER
Petition under Section 438 of the Code of Criminal Procedure.
2.
Petitioner is the accused in Crime No.1051 of 2015 of Badagara 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 3.10.2015 at about 8.50 p.m., 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
B.A. No.6937 of 2015 2 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 cop y// P.A to Judge