Dismissed

Shani Mon v. State of Kerala

Kerala HC5 Jan 2018Bail Appl./8605/2017

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a bail application under Section 438 CrPC filed by three accused persons charged with illegal sand transportation. The Court refused pre-arrest bail due to the severe ecological ramifications of illegal sand mining and held that denying bail serves the larger public interest.

What did the court decide?

Bail prayed for was denied; no directions for surrender issued as petitioners must surrender on their own.

Shani Mon Vs State of Kerala — Property and Title | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

FRIDAY, THE 5TH DAY OF JANUARY 2018 / 15TH POUSHA, 1939

¶5

Bail Appl..No. 8605 of 2017

¶6

CRIME NO. 1075/2017 OF VADANAPPALLY POLICE STATION , TRISSUR

¶7

PETITIONER(S)/ACCUSED NO.1,2 AND 5

¶8

1. SHANU @ SHANIMON, S/O. KADHER, AGED 36 YEARS,

¶9

NADUVILA VEETIL, THALIKKULAM, THRISSUR DISTRICT

¶10

2. RIYAS,

¶11

S/O. MUHAMMEDALI, AGED 28 YEARS, MANAKKALAKAYIL HOUSE, CCHETTUVA P.O, KUNDALIYUR.

¶12

3. SUDHEER, S/O. GOPALAN, OVATTU HOUSE, ANCHAMKALLU DESUM, ENGANDIYUR VILLAGE, THRISSUR DISTRICT.

¶13

BY ADV. SRI.P.MOHAMED SABAH

¶14

RESPONDENT

¶15

STATE OF KERALA, REPRESENTED BY SUB-INSPECTOR OF POLICE, VADANAPPILLY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, DISTRICT HIGH COURT OF KERALA, ERNAKULAM.

¶16

BY PUBLIC PROSECUTOR SRI. AJITH MURALI.

¶17

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶18

Hr....

¶19

RAJA VIJAYARAGHAVAN V., J

¶20

B.A.No.8605 OF 2017

¶21

Dated this the 5^th day of January, 2018

¶22

O R D E R

¶23

~~~~~~

¶24

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

¶25

2.The petitioners herein are the accused Nos. 1, 2 and 5 in Crime No.1075 of 2017 of Vadanappilly Police Station registered alleging offence punishable under Section 379 read with 34 of the IPC and Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

¶26

3.According to the prosecution, the 1^st petitioner is the registered owner of a lorry and on 22.11.2017, he along with rest of the accused are alleged to have illegally transported river sand from Bungalow Kadavu violating the provisions of the Act. The accused Nos. 3 and 4, who are the driver and

¶27

cleaner of the vehicle were allegedly arrested from the spot .

¶28

B.A.No.8605/2017

¶29

¶30

4.The learned counsel appearing for the petitioners submitted that the petitioner is the registered owner of the vehicle he was falsely implicated solely for that reason. The learned counsel prays for orders of their release on pre-arrest bail.

¶31

5.This submission is vehemently opposed by the learned Public Prosecutor who refers to the case diary and submits that investigation conducted till date specifically points to the complicity of the petitioners.

¶32

6.I have gone through the case diary and have considered the submissions advanced. 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 petitioners.

¶33

B.A.No.8605/2017

¶34

¶35

7.The learned counsel prays that a direction be issued to enable the petitioners to surrender before the jurisdictional court. I do not see any need for issuance of any such directions. The petitioners 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 on the same day itself.

¶36

This petition is dismissed.

¶37

Sd/-

¶38

RAJA VIJAYARAGHAVAN V., JUDGE

¶39

ps/5/1/2018

Shani Mon v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shani Mon v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Siju Vs State of Kerala

P v Suresh Vs State of Kerala

Johny Abraham Vs State of Kerala

Dudu Jonald Jose Vs State of Kerala

Manu Mangattu Vs State of Kerala

Narayanan T Vs State of Kerala