Dismissed

Babu.C. v. the State of Kerala

Kerala HC22 Jan 2018Bail Appl./40/2018

Case brief

AI extract

What is this about?

This bail application under Section 438 CrPC, filed by an accused in an illegal sand mining case (IPC 379), was dismissed. The court denied pre-arrest bail due to the serious ecological ramifications of illegal mining, emphasizing that the matter concerns every citizen and requires strict adherence to law.

What did the court decide?

Bail application dismissed; no direction issued for surrender; petitioner to surrender as expeditiously as possible.

Babu.C. Vs the State of Kerala — Environment and Pollution | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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MONDAY, THE 22ND DAY OF JANUARY 2018 / 2ND MAGHA, 1939

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Bail Appl..No. 40 of 2018

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(CRIME NO. 720/2017 OF NILESWAR POLICE STATION, KASARAGOD DISTRICT)

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PETITIONER/ACCUSED:

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BABU C., S/O. RAGHAVAN, AGED 42 YEARS, RESIDING AT PATTENA, PEROLE VILLAGE, NILESHWAR, HOSDURG TALUK, KASARAGOD DISTRICT.

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BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI

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RESPONDENT/STATE:

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THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031.

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BY PUBLIC PROSECUTOR SMT. SHEEBA K. K.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RAJA VIJAYARAGHAVAN V., J

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= = = = = = = = = = = = = = = = = = B.A. No. 40 of 2018

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= = = = = = = = = = = = = = = = = = Dated this the 22^nd day of January, 2018

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ORDER

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1.This petition is filed under Section 438 of the Code of Criminal Procedure.

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2.The petitioner herein is arrayed as the accused in Crime No.720/2017 of the Nileshwar Police Station, registered under Section 379 of the IPC and under Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

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3.The prosecution allegation is that, on 22.12.2017, the petitioner was found transporting river sand, illegally mined from a river at Nileshwar, in a mini goods vehicle bearing Reg. No.KL-60/B1588. On seeing the the police party, the driver of the said vehicle is alleged to have taken to his heels.

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4.The learned counsel appearing for the petitioner submits that he is innocent. He is the registered owner of the aforesaid vehicle

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-:2:-

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BA.40/18

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and has nothing to do with the acts committed by the driver. Without proceeding against the actual culprit, the petitioner is being harassed is the submission.

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5.The aforesaid submissions are opposed by the learned Public Prosecutor. It is submitted that on identical allegations, numerous crimes have been registered against the petitioner herein at the Nileshwar Police Station. Referring to the case diary, the learned Public Prosecutor submitted that investigation specifically points to the complicity of the petitioner.

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6.I have gone through the case diary. The ramifications of illegal sand mining and the adverse impact that it would have on the ecology and the environment are matters which concern every citizen of this Country. If taken lightly, it may cause the river to change its track, affect ground water table and adversely impact the habitat of micro organisms. Having regard to all these aspects, I am of the considered view that this Court will not be justified in exercising its discretionary jurisdiction by granting pre-arrest bail to the petitioner.

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-:3:-

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BA.40/18

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7.The learned counsel appearing for the petitioner prays that a direction be issued to enable the petitioner to surrender before the jurisdictional court. I do not see any need for issuance of any such directions. The petitioner shall surrender as expeditiously as possible and if an application for bail is filed, the same shall be considered and orders shall be passed on its merits.

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This petition is dismissed.

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Sd/Raja Vijayaraghavan V., Judge

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krj.22/1

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//True copy//

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P.A. To Judge

Babu.C. v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Babu.C. v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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