IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 Bail Appl..No. 5290 of 2011() ----------------------------------------- CRIME NO.71/2011 OF CHERUTHURUTHY POLICE STATION, THRISSUR DISTRICT ------------------------------ PETITIONER/ ACCUSED 1&2 ------------------------------------------ 1. SHANAVAS, S/O.IBRAHIM, POOVARATHODIYIL HOUSE, P.O.DESAMANGALAM, THRISSUR. 2. HAIDRALI K.K., S/O.KOYA, KIZHAKKETHIL HOUSE, PALOOR DESOM, P.O.DESAMANGALAM, THRISSUR. BY ADV. SRI.JIJO PAUL RESPONDENT(S): STATE ------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION, THROUGH-THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A. No.5290 OF 2011 --------------------------------- Dated this the 8th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos. 1 and 2 in Crime No.71 of 2011 of the Cheruthuruthy Police Station, Thrissur District. 2. The offences alleged against the petitioners are under Sections 143, 147, 448, 353, 294(b), 506(ii) read with 149 of the Indian Penal Code. 3. The defacto complainant is the Secretary of Desamangalam Panchayat. He visited two Kadavus within the jurisdiction of the Panchayat. It was found that excess sand was collected. The defacto complainant directed the excess sand to be dropped into the river itself. It is alleged that on the same day, the accused persons formed themselves into an unlawful assembly and forcibly entered B.A. No.5290 OF 2011 2 into the Panchayat office and abused the defacto complainant and the other officers of the Panchayat. 4. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed in the case. 5. On the merits as well as on the ground that charge sheet was filed, I do not think that this is a fit case where anticipatory bail can be granted. The Bail Application is, accordingly, dismissed. K.T.SANKARAN, JUDGE. cms