IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 16TH APRIL 2010 / 26TH CHAITHRA 1932 Bail Appl..No. 2167 of 2010() ----------------------------------------- CRIME NO.47/2010 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE DIST. .................... PETITIONER/ACCUSED: ---------------------------------- ALI. T.P., S/O.AHMMEDKOYA, AGED 40 YEARS, THATTAMMA PARAMBIL, R.E.C.P.O., POOLAKODE, KOZHIKODE DISTRICT, NOW RESIDING AT MUTHUVANA HOUSE, MALAYAMMA P.O., KOZHIKODE. BY ADV. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/04/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.K. MOHANAN, J. ---------------------------------------- Bail Application No.2167 of 2010 ----------------------------------------- Dated this the 16th day of April, 2010 O R D E R This is an application filed under Section 438 of Cr.P.C. seeking anticipatory bail. 2. The petitioner apprehends arrest connected with Crime No. 47/2010 of Kunnamangalam Police Station in which offences punishable under Sections 353, 332 and 308 of I.P.C. and Section 20 of the Kerala Protection of River Banks & Restriction on Removal of Sand Act are involved. 3. The allegation against the petitioner is that on 20.2.2010 at 8.15 hours, when the accused was transporting sand from the premises of Pullavoor M.I.T. Pump House without having any permit in jeep bearing registration No.KEV 9065, the defacto complainant and party stopped the jeep and started to examine the documents of the jeep and while so, the accused drove the jeep in a rash and negligent manner so as to endanger Bail Application No.2167 of 2010 2 human life and thus prevented the defacto complainant from doing his official duty and also caused injury to a police officer and in the meantime as the defacto complainant and party have given way to the jeep by suddenly jumping from the road, they escaped from death and thus the accused has committed the above offences. 4. I have heard learned counsel for the petitioner and the learned Public Prosecutor. 5. Having regard to the facts and circumstances involved in the case, especially the gravity of the offences involved and the allegations, I am not inclined to grant anticipatory bail to the petitioner as the same will adversely affect the investigation in the above crime which is now in progress. It is also relevant to note the grievous nature of the injuries sustained by the victim and the weapons used to inflict such injuries which are also relevant facts which persuade this Court to decline anticipatory bail in favour of the petitioner. In the result, I find no reason to grant Bail Application No.2167 of 2010 3 anticipatory bail to the petitioner by exercising the extra ordinary jurisdiction of this Court under Section 438 of Cr.P.C. Therefore, there is no merit in this petition and accordingly, the same is dismissed. V.K.MOHANAN, JUDGE mns/