Petitioner is the second accused in Crime No.372 of 2014 of the Ayiroor Police Station for the offences punishable under Sections 379 r/w Section 34 of the Indian Penal Code and Section 4(1) (21) of the Mines and Minerals Development and Regulation Act, apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 08.05.2014 at about 05.00 a.m., the Police intercepted a lorry transporting river sand without authority. A case is registered. Investigation revealed involvement of the petitioner also in the incident.
3. Learned counsel submits that the allegations are not true. Petitioner is a gulf returnee running Aqua Farm business. Sometime during the first week of April, 2014 the second respondent visited the farm and directed the petitioner to stop the business which the petitioner did not comply. The second respondent is harassing the petitioner for which the petitioner has preferred a complaint dated 15.05.2014 to the District
B.A.No.3542 of 2014
2 Police Chief.
4. Having regard to the nature of allegations made against the petitioner, I am not incident to think that the extra ordinary jurisdiction under Section 438 of the Code of Criminal Procedure is to be invoked. The petitioner can surrender before the officer investigating the case. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate as early as possible.
Application is disposed of with the above direction.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge