The court emphasized that persistent offenders cannot seek pre-arrest bail to protect valuable rights under arbitrary law enforcement.

ORDER

The petitioners are the accused in Crime No.28 of 2025 of Mukkom Police Station, Kozhikode. The aforesaid crime has been registered in connection with the commission of offences punishable under Section 303 (2) of BNS , 2023 and Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act , 2001.

2. The prosecution case is that on 07.01.2025 at about 11.00 pm, the petitioners were found to have been transporting river sand without any permit, in two tipper lorries bearing Registration Nos.KL 56 A 7714 and KL 57 8322.

3. According to the prosecution, the petitioners took to their heels at the time of detention of the offence and hence they could not be apprehended. In the present petition, the petitioners would contend that they are totally innocent and that they have been falsely implicated in this case.

4. Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the respondent.

5. The learned Public Prosecutor submitted that the petitioners are having criminal antecedents regarding the commission of identical offences. It is pointed out by the learned Public Prosecutor that the 1^st petitioner is involved in Crime No.387 of 2021 and Crime No.131 of 2023 of Mukkom Police Station, Kozhikode, in respect of the very same offence as alleged in this case. So also, it is submitted that the 2^nd petitioner is involved in Crime No.354 of 2020 in respect of the same offence as alleged in this case, and Crime No.238 of 2024 in respect of the offence under Section 279 of the IPC and Sections 132(1), 179, 129, and 194D of the MV Act. In all the above cases, the investigating agencies are said to have filed the Final Report before the competent court.

6. The relief of pre-arrest bail could be granted only in such cases where it is highly necessary to protect the valuable rights of those law abiding citizens, who apprehend infringement of such rights by the arbitrary and illegal decisions of law enforcing agencies. The persons, who persistently involve in crimes, cannot seek the aid of the relief as provided under Section 482 of the BNSS. As far as the present case is concerned, the petitioners have been repeatedly involving in the offence of plundering natural resources. In such circumstances, it is not possible to allow the prayer of the petitioners in the present petition to grant pre-arrest bail to them.

In the result, the petition is hereby dismissed.