IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Bail Appl..No. 5519 of 2011() ----------------------------------------- CRIME NO.337/2011 OF POZHIYOOR POLICE STATION, TRIVANDRUM DISTRICT -------------------------------------- APPLICANT/ 2ND ACCUSED ------------------------------------------- SUJIN @ KANNAN, S/O.SUKUMARAN, CHILLINVILA VEEDU, THIRUPURATHOOR DESOM, THIRUPURAM VILLAGE. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.T.K.ANANDAKRISHNAN SRI.JELSON J.EDAMPADAM RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (SUB INSPECTOR OF POLICE, POZHIYOOR POLICE STATION). BY PUBLIC PROSECUTOR SRI. TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A. No.5519 OF 2011 --------------------------------- Dated this the 13th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the 2nd accused in Crime No.337 of 2011 of the Pozhiyoor Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 353, 294(b), 308 and 341 read with 34 of the Indian Penal Code. 3. The prosecution case is the following: On 24.6.2011, the Grade ASI and the Senior Civil Police Officer of Pozhiyoor Police Station got information of illegal sand mining. They reached the spot. They found a mini lorry with sand loaded in it. On seeing the police, the driver and the cleaner of the lorry ran away. The defacto complainant contacted the Police Station and requested to B.A. No.5519 OF 2011 2 depute a person to take the lorry to the Police Station. The police jeep was also sent to the Police Station to pick up that person. While so, accused Nos.1 and 2 and two others came to the spot, abused the police party and forcibly took away the lorry in spite of the obstruction caused by the Police Officers. The lorry was taken in great speed. Had not the Police Officers turned to the sides, their life would have been in danger. 4. The facts mentioned above would clearly indicate that the offence alleged is grave in nature. In a case of this nature, anticipatory bail cannot be granted. If anticipatory bail is granted, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms