BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The question involved in this Bail Application is whether the offences under Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (Act 18/2001) (herein after referred as 'Sand Act') which are punishable with imprisonment for a term of which may extend to two years or with fine which may extend to twenty-five thousand rupees or with both, are non-bailable offences in view of Section 24 of the Sand Act.

(2.) The petitioner apprehends arrest in Crime No. 787/2009 of Chengannur Police Station wherein the offence under Sections 20 and 21 of the Sand Act are alleged against him. Hence the petitioner has filed this application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure.

(3.) Sri. M.S. Breez, the learned Public Prosecutor raised a preliminary objection that the offences alleged against the petitioner are bailable and therefore the application for Anticipatory Bail is not maintainable.