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2025 Supreme(Online)(Ker) 49469
IN THE HIGH COURT OF KERALA AT ERNAKULAM
JUSTICE, J
MUHAMMED SABID – Appellant
Versus
STATE OF KERALA – Respondent
Bail Application | Crime No.407 of 2025
For the Appellants/Petitioners: Sri.Sadiqali M.
For the Respondents: Sri.Prasanth M.P
Offences under the Kerala Protection of River Banks and Regulation of Removal of Sand Act are bailable, affecting the bail status of similar charges under the Bharatiya Nyaya Sanhita.
Headnote:This bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner is accused in Crime No.407 of 2025 concerning alleged offences under Bharatiya Nyaya Sanhita, 2023 and the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The Court referred to 'Mohammed Noufal v. State of Kerala' concluding that the offences under the Sand Act are bailable and that concerns over a non-bailable offence do not arise. The bail application is accordingly closed.
| Table of Content |
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| 1. bail application filed concerning crime no. 407 of 2025 for alleged offences. (Para 1 , 2 , 3) |
| 2. counsel argued for the bailable nature of the offences. (Para 4) |
| 3. court observed relevancy of prior case law to current allegations. (Para 5) |
ORDER
This bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).
2. Petitioner is the accused in Crime No.407 of 2025 of Kalpakancherry Police Station, Malappuram, registered for the offences punishable under Section 303 (2) of the Bharatiya Nyaya Sanhita , 2023 (for short, ‘ BNS ’), apart from Section 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act , 2001 (for short, ‘the Sand Act’).
3. According to the prosecution, the accused had on 06.07.2025, transported river sand in a lorry bearing registration No.KL-43-7574 thereby committing the offence alleged.
4. I have heard Sri.Sadiqali M., the learned counsel for the petitioner as well as Sri.Prasanth M.P, 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.
