This judgment dismisses a bail application under Section 438 CrPC filed by an accused charged with unauthorized transport of river sand. The High Court denied pre-arrest bail and directed surrender to the investigating officer for interrogation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941
Bail Appl..No.6994 OF 2019
CRIME NO.197/2019 OF EDAVANNA POLICE STATION , MALAPPURAM
PETITIONER:
JAYFAR.T. AGED 26 YEARS S/O. AHAMMED, THELAKKAD HOUSE, KUNDUTHODU, ERANHIKKODE, EDAVANNA (PO), MALAPPURAM DT.
BY ADV. SHRI.T.K.AJITH KUMAR
RESPONDENTS:
SRI AJITH MURALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.6994 OF 2019
..2..
ORDER
This application is filed under Section 438 of the Code of Criminal Procedure.
Bail Appl..No.6994 OF 2019
..3..
vehicle have been seized, and hence, his custodial interrogation is unwarranted.
Bail Appl..No.6994 OF 2019
..4..
before the court having jurisdiction. If an application for bail is filed, the same shall be considered and appropriate orders shall be passed ideally on the same day itself.
This application is dismissed.
Sd/-
Raja Vijayaraghavan V., Judge
kkj/24.10.2019
2 issues framed by the court
Whether pre-arrest bail should be granted to the accused in a case involving unauthorized transportation of river sand under Section 438 CrPC.
Whether seized vehicle and sand justify refusal of pre-arrest bail.
3 provisions across 3 enactments
JAYFAR.T.
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
