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2025 Supreme(Online)(Ker) 33313
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
SABARISH M. – Appellant
Versus
STATE OF KERALA – Respondent
Bail Application No. 7506 of 2025
For the Appellants/Petitioners: SRI.ABDUL RAOOF PALLIPATH, SRI.PRAJIT RATNAKARAN, SMT.GANGA A.SANKAR, SMT.ANJU DONY
For the Respondents: SRI. NOUSHAD K. A. (PP)
Bailable nature of charges under specific statutory provisions established, impacting the application of IPC theft laws.
Headnote:This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner, the 4th accused in Crime No.134 of 2025, is alleged to have committed offences under Sections 305(e) of the Bharatiya Nyaya Sanhita, 2023, and Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The court finds that the offences under Sections 20 and 23 of the Sand Act are bailable, and references the prior case Mohammad Noufal to assert that the allegations do not fit within IPC theft definitions post-enactment of the BNS Act. The prosecutor indicates that remaining accusations are bailable, leading to the conclusion that pre-arrest worries of non-bailable nature are unfounded.
| Table of Content |
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| 1. nature of alleged offences. (Para 2) |
| 2. bailable character of offences. (Para 5 , 6) |
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947 BAIL APPL. NO. 7506 OF 2025 CRIME NO.134/2025 OF Valappatanam Police Station, Kannur AGAINST THE ORDER DATED 05.04.2025 IN CRMC NO.395 OF 2025 OF DISTRICT COURT & SESSIONS COURT / RENT CONTROL APPELLATE AUTHORITY, THALASSERY PETITIONER / ACCUSED NO. 4 :
SABARISH M., AGED 43 YEARS, RESIDING AT 'NANDHANAM', PUNNAKKARA ROAD, AZHIKODE P.O., KANNAUR, PIN - 670009 BY ADVS.
SRI.ABDUL RAOOF PALLIPATH SRI.PRAJIT RATNAKARAN SMT.GANGA A.SANKAR SMT.ANJU DONY RESPONDENT/ S TATE & COMPLAINAN T :
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
......….............................................
B.A.No.7506 of 2025 …................................................
Dated this the 2nd day of July, 2025
ORDER
This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).
2. Petitioner is the 4th accused in Crime No.134 of 2025 of Valapattanam Police Station, Kannur, registered for the offences punishable under Section 305 (e) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘ BNS ’), apart from Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for short, ‘the Sand Act’) and Section 132 (1) r/w 179 of the Motor Vehicles Act, 1988 .
3. According to the prosecution, the accused had, on
15.02.2025 at about 1 a.m., transported river sand in a vehicle bearing registration No.KL-59D-3009 thereby committing the offence alleged.
4. I have heard Sri.Abdul Raoofpallipath, the learned counsel for the petitioner as well as Sri.Noushad K.A., the learned Public Prosecutor.
5. In the decision inMohammed Noufal v. State of Kerala [(2021) SCC Online Ker 5858] , this Court has held that Sections 20 and 23 of the Sand Act are bailable in nature. It was also observed that, when a special law covering the question of theft of river sand has been enacted, the offence under IPC for theft of river sand cannot be attracted. After the coming into force of BNS Act, the relevant provision for theft is Section 303 (2) of . Petitioner is alleged to have committed the offence under Section 303 (2) ie., theft of river sand.
6. In view of the decision inMohammed Noufal’s case (supra), the offence under Section 303 (2) of BNS cannot be attracted. Since the remaining offences alleged against the petitioner are bailable, petitioner’s apprehension of arrest in connection with a non-bailable offence does not subsist.
Accordingly, the bail application is closed.
