IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

    THURSDAY, THE 11TH DAY OF OCTOBER 2018 / 19TH ASWINA, 1940

                      Bail Appl..No. 6541 of 2018

     CRIME NO. 98/2018 OF KOLATHUR POLICE STATION, MALAPPURAM

PETITIONER/ACCUSED:

              ABDU RAHOOF, AGED 36 YEARS
              S/O.ALI ANTHOOKKADAN, ANTHOOKKADAN HOUSE,
              KARIPPUR AMSOM DESOM, KONDOTTY TALUK,
              MALAPPURAM DISTRICT.

              BY ADVS.
              SRI.T.K.VIPINDAS
              SRI.K.V.SREE VINAYAKAN


RESPONDENT/STATE:
             STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM - 682 031.,
             REPRESENTING S.H.O., KOLATHUR POLICE STATION,
             MALAPPURAM DISTRICT.

              BY SR. PUBLIC PROSECUTOR SRI.C.N. PRABHAKARAN

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.10.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

                                ORDER

This application is filed under Section 438 of the Code of Criminal Procedure.

2. The applicant herein is the 6th accused in Crime No.98 of 2018 registered at the Kolathur Police Station. In the aforesaid Crime, he is accused of having committed offence punishable under Sections 268, Bail Appl..No. 6541 of 2018 2 269, 277 r/w Section 34 of the IPC and Sections 24(1) and 43 of the Kerala Water (Prevention and Control) Pollution Act.

3. The applicant herein is a disabled man. He is running a chicken farm for the past several years. Prosecution allegation is that on 14.05.2018, the employees of the applicant herein dumped chicken waste near the water tank at Porunnamparambu and polluted the water source causing danger to public health.

4. The learned counsel appearing for the applicant referred to Annexure-A2 and submitted that the applicant is a person affected by polio and is having 60 % disability. The waste was dumped by his contract workers and it was without his knowledge or connivance. The learned counsel submits that the accused Nos.1 to 3 have already been released on bail by the jurisdictional court.

5. The learned Public Prosecutor has strenuously opposed the prayer. It is submitted that the applicant herein is the proprietor of the farm and the investigation conducted till date reveals that the applicant herein had a major role to play. Crime No.104 of 2018 of the Kolathur Police Station has also been registered on 18.5.2018 Bail Appl..No. 6541 of 2018 3 wherein the allegations are identical. He is a repeat offender and no sympathy is called for is the submission.

6. I have considered the submissions advanced and have gone through the materials made available. Having regard to the facts and circumstances, I am not persuaded to grant an order of pre-arrest bail to the applicant. However, taking note of the fact that the accused Nos.1 to 3 have already been released on bail and the applicant is a disabled man, I am of the view that the applicant can be directed to surrender before investigating officer within 10 days from 15.10.2018. He shall be thoroughly interrogated and shall thereafter be produced before the court having jurisdiction where he may seek regular bail. If an application for bail is preferred with advance notice to the learned Prosecutor, the same shall be considered and orders shall be passed expeditiously and on its merits ideally on the same day itself.

This application is dismissed.

Sd/-

                                          RAJA VIJAYARAGHAVAN V

IAP                                               JUDGE