Jishad vs State Of Kerala

Raja Vijayaraghavan V, J

This application seeking pre-arrest bail filed under section 438 of the Code of Criminal Procedure is by the the accused in Crime No.328 of 2021 of

Tirur Police Station registered under Section 379 of the IPC and under Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of

Removal of Sand Act, 2001.

The crux of the prosecution allegation is that on 5.5.2021 at 10.45pm, in blatant violation of the provisions of Act 18 of 2001, a tipper lorry bearing

Reg. No. KL 04 Q 3807 was found transporting river sand. The lorry was intercepted by the Officer of the 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.

The learned counsel appearing for the applicant asserted that the applicant is innocent. According to the learned counsel, the applicant has nothing

to do with the vehicle and he was roped in purely on the basis of suspicion.

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.

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 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 stealthily 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 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.

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 is dismissed.