In a pre-arrest bail application regarding alleged illicit removal of river sand, the court directed the jurisdiction Magistrate to decide the regular bail application judiciously on the date of filing instead of granting bail itself.
Bail application disposed of with direction to Magistrate to decide regular bail on petition date.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY, THE 19TH DAY OF AUGUST 2016/28TH SRAVANA, 1938
Bail Appl..No. 5882 of 2016
CRIME NO. 416/2016 OF MANJESWAR POLICE STATION , KASARGOD
PETITIONER(S)/ACCUSED:
SHAFEEQUE, S/O.ABDUL RAHIMAN, AGED 26 YEARS, RESIDING AT KUBANOOR HOUSE, ICHILANGADI P.O., KASARAGOD TALUK AND DISTRICT.
BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI
RESPONDENT(S)/STATE:
THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, MANJESHWAR POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ENRAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT.SEENA RAMAKRISHNAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
P.UBAID, J.
============================ B.A.No.5882 of 2016
============================ Dated this the 19th day of August, 2016
ORDER
The petitioner herein seeks pre arrest bail in a crime registered under Section 379 IPC and under Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act (Sand Act). The prosecution case is that the petitioner was found illicitly transporting river sand in a vehicle. The police incorporated Section 379 IPC in the FIR on the allegation that sand was unauthorizedly removed from the river bank. On a perusal of the materials, I find that what is prominently alleged by the prosecution is unauthorized or illicit removal of river sand punishable under Section 20 of the Sand Act. It is settled that if the allegations constitute any offence under IPC, the police can proceed accordingly besides the prosecution under the Sand Act. In the particular circumstances of this case it would be
B.A.No.5882 of 2016 2
appropriate to direct the learned Magistrate having jurisdiction to take decision on the request for bail. The petitioner can very well surrender before the learned Magistrate having jurisdiction, and make application under Section 437 Cr.P.C.
In the result, this bail application is disposed of, with a direction to the learned Magistrate having jurisdiction that in case application for regular bail is filed by the petitioner in Crime No.416 of 2016 of the Manjeshwar Police Station, the same shall be judiciously and appropriately decided on the date of application itself.
Sd/P.UBAID, JUDGE
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//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether to grant pre-arrest bail in an FIR alleging illicit removal of river sand under the Sand Act and IPC.
Whether to direct the Magistrate to decide the regular bail application judiciously on the date of filing.
2 provisions across 2 enactments
SHAFEEQUE, S/O.ABDUL RAHIMAN
THE STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
