Arshad vs State of Kerala

Type Court Judgment Court Kerala Orders Decided May 31, 2021

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Citation: sooperkanoon.com/1637497
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Raja Vijayaraghavan V
Decided On: May 31, 2021
Case Number: Bail Appl./3695/2021

Parties & Advocates

Appellant / Petitioner

Arshad

Respondent

State of Kerala

Excerpt

.....the nominal owner of the vehicle and he was roped in purely on the basis of suspicion.4. this submission is vehemently opposed by the learned public prosecutor who refers to the case diary and submitted that investigation specifically points to the complicity of the applicant.5. act 18 of 2001 was enacted to curtail the indiscriminate and uncontrolled removalof sand from the rivers in the state of kerala and to protect river banks and river beds and their biophysical environment. every citizen has a constitutional obligation to protect thebail appl. no. 3695 of 2021 3 environment and ecology under article 48a and article 51-a(g) of the constitution of india. while the nation is reeling under the trauma and loss of life caused by the covid-19 pandemic, certain persons have been stealthy exploiting the natural resources with no regard to the ill effects that their acts would cause to mother nature. scores of crimes have been registered at the tirur police station and neighbouring police stations. the seizure of the vehicle along with river sand seized prima facie substantiates the allegations in no small measure. investigation being in the early stages, i find no reason to grant an order of pre- arrest bail to the applicant.6. the learned counsel prays that a direction be issued to enable the applicant tosurrender before the jurisdictional court and seek regular bail. the applicant 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. the application will stand dismissed. sd/- raja vijayaraghavan v judge ps/31.5.21

Full Judgment

BAIL APPL. NO. 3695 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 31ST DAY OF MAY 2021 / 10TH JYAISHTA, 1943 BAIL APPL. NO. 3695 OF 2021 CRIME NO.305/2021 OF TIRUR POLICE STATION, MALAPPURAM PETITIONER/ACCUSED: ARSHAD AGED 27 YEARS SON OF HAMSA, AGED 27 YEARS, VATTAPPARAMBIL, CHERIYAPARAPPUR, VETTOMPALLIPPURAM, TRIPANGOD, TIRUR,MALAPPURAM, PIN - 676102 BY ADV P.C.ANIL KUMAR RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031. BY ADV PUBLIC PROSECUTOR SRI.AJITH MURALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 3695 OF 2021 2

ORDER

This application seeking pre-arrest bail filed under section 438 of the Code of Criminal Procedure by the the accused in Crime No.305 of 2021 of the Tirur Police Station registered under Section 379 of the IPC and Sections 20 & 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

2. The crux of the prosecution allegation is that on 30.4.2021 at 11.30 pm., a tipper

lorry bearing Reg. No.KL-07-AU-2856 was found transporting river sand. The lorry was intercepted by the Sub Inspector of Police, Tirur Police Station. On seeing the police personnel, the driver jumped out from the lorry and took to his heels. The vehicle along with the river sand were seized and the crime was registered.

3. The learned counsel appearing for the applicant asserted that the applicant is innocent. According to the learned counsel, the applicant is the nominal owner of the vehicle and he was roped in purely on the basis of suspicion.

4. This submission is vehemently opposed by the learned Public Prosecutor who refers to the case diary and submitted that investigation specifically points to the complicity of the applicant.

5. Act 18 of 2001 was enacted to curtail the indiscriminate and uncontrolled removal

of sand from the rivers in the State of Kerala and to protect river banks and river beds and their biophysical environment. Every citizen has a constitutional obligation to protect the

BAIL APPL. NO. 3695 OF 2021 3 environment and ecology under Article 48A and Article 51-A(g) of the Constitution of India. While the nation is reeling under the trauma and loss of life caused by the COVID-19 pandemic, certain persons have been stealthy exploiting the natural resources with no regard to the ill effects that their acts would cause to mother nature. Scores of crimes have been registered at the Tirur Police Station and neighbouring police stations. The seizure of the vehicle along with river sand seized prima facie substantiates the allegations in no small measure. Investigation being in the early stages, I find no reason to grant an order of pre- arrest bail to the applicant.

6. The learned counsel prays that a direction be issued to enable the applicant to

surrender before the jurisdictional court and seek regular bail. The applicant 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. The application will stand dismissed. Sd/- RAJA VIJAYARAGHAVAN V JUDGE ps/31.5.21

Same Court & Year Kerala Orders · 2021 Same Parties Arshad vs State of Kerala Same Judge Honourable Mr. Justice Raja Vijayaraghavan V