Rahees v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937 Bail Appl..No. 7513 of 2015 () ------------------------------- CRIME NO. 783/2015 OF MELATTUR POLICE STATION, MALAPPURAM DISTRICT -------------------- PETITIONER/ACCUSED :

---------------------------------- RAHEES, AGED 21 YEARS, S/O. HAMZA, KALATHIL HOUSE, EDAYATTUR MELATTUR VIA, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT.

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

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

BY PUBLIC PROSECUTOR SMT. T.Y. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

------------------------------------------------ B.A.No.7513 of 2015 ------------------------------------------------- Dated this the 4th day of December, 2015

O R D E R

Application filed under Section 438 of the Code of Criminal Procedure.

2.

Petitioner is the accused in Crime No.783 of 2015 of Melattur Police Station registered for the offences punishable under Sections 379 of the Indian Penal Code and Sections 20 & 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. 3.

Prosecution case is that on 19.11.2015 at about 07.30 p.m., the petitioner was found transporting river sand in a pickup lorry bearing registration No.KL-02-5517 without any proper documents or authority. Petitioner pleaded innocence.

4.

Heard the learned counsel for the petitioner and learned Public Prosecutor.

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

B.A.No.7513 of 2015 the petitioner is not entitled to get anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner shall surrender before the Investigating Officer within a period of '15 days' 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 bail before the learned Magistrate and in that event, the learned Magistrate may consider the application on merits if possible on the date of surrender itself.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. To Judge