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2022 Supreme(Online)(KER) 25818

HIGH COURT OF KERALA
ABDUL RASHEED – Appellant
Versus
THE STATE OF KERALA – Respondent


ORDER

This is an application for anticipatory bail.

2. The petitioner is the accused in Crime No.436 of 2021 of Vazhakkad Police Station, Malappuram District, alleging commission of offences under Section 379 of the Indian Penal Code read with Section 20 of the Kerala Protection of Riven Banks and Regulation of Removal of Sand Act, 2001 (hereinafter referred to as 'the Sand Act'). The allegation against the petitioner is that in violation of the provisions of the Sand Act, the petitioner was found carrying sand in his lorry without displaying the registration number and without obtaining any pass or permit from the competent authorities.

3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the sand in question and the lorry have been seized by the police and that in the facts and circumstances of the case, the custodial interrogation of the petitioner may not be necessary.

4. Heard the learned Public Prosecutor also. The learned Public Prosecutor confirms that the vehicle in question and the sand have been seized by the police. It is submitted that for the purpose of investigation, the petitioner has to be inte

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