Abbas K v. The Station House Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 Bail Appl..No. 7033 of 2015 () ------------------------------- CRIME NO. 682/2015 OF SREEKRISHNAPURAM POLICE STATION, PALAKKAD DISTRICT -------------------- PETITIONER/ACCUSED NO.2 :

-------------------------------------------- ABBAS K., AGED 48 YEARS, S/O.KOYA, RESIDING AT KATTIKUNNIL HOUSE, P.O. KOTTAPPURAM KARIMPUZHA, OTTAPALAM, PALAKKAD-679 513.

BY ADVS.SRI.C.K.SREEJITH SMT.MARY RANZOM LOUIZ RESPONDENTS/COMPLAINANT & STATE :

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1. THE STATION HOUSE OFFICER SREEKRISHNAPURAM POLICE STATION REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

-------------------------------------- B.A. No.7033 of 2015 -------------------------------------- Dated this the 17th day of November, 2015

ORDER

Petition under Section 438 of the Code of Criminal Procedure.

2.

Petitioner is the second accused in Crime No.682 of 2015 of Sreekrishnapuram 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 13.09.2015, 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 of

B.A. No.7033 of 2015 2 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, JUDGE.

amk //True copy// P.A to Judge