IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Bail Appl..No. 668 of 2010() ---------------------------- CRIME NO. 17/2010 OF VAZHAKKAD POLICE STATION, MALAPPURAM PETITIONERS/ACCUSED 1 & 15: ---------------------------------------------- 1. SABITH.M.P, S/O.MOHAMMEDKUTTY, POOVADICHAL HOUSE, VAZHAKKAD AMSOM DESOM, MALAPPURAM DISTRICT. 2. SHABEER, S/O.MOHAMMED, RESIDING MADURAKUZHI PALEPRA, VAZHAKKAD AMSOM DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.T.RAMPRASAD UNNI RESPONDENTS/ STATE & COMPLAINANT: --------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.668 of 2010 ------------------------------------ Dated this the 25th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 15 in Crime No.17/2010 of Vazhakkad Police Station, Malappuram. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 353, 332, 333, 427, 307 and 395 read with Section 149 of the Indian Penal Code and Section 3(1) of the P.D.P.P. Act. 3. The prosecution case is the following: On 21/1/2010, as per the directions of the Tahsildar, Ernad, the de facto complainant- Village Officer, Panakkad was on duty in the 'Sand Squad'. In the Squad, apart from Tahsildar, two Village Officers, two Village men and two Police Constables were there. By about 9.45 P.M., the 'Sand Squad' found illegal sand mining at an unauthorised Kadavu near Vazhakkad. The unauthorised Kadavu was being run by a private person. The 'Sand Squad' found sand being loaded in a tipper lorry bearing registration No. B.A. No.668/2010 2 KL 56/3928. The sand was being brought in country boats and it was being loaded in the tipper lorry. The 'Sand Squad' seized the tipper lorry. At that time, the persons who were engaged in the illegal sand mining and loading of the sand in the lorry escaped from the place in a country boat. They informed over mobile phone their friends about the seizure of the lorry. When the 'Sand Squad' was taking the tipper lorry after preparing mahazar, they were intercepted in the property belonging to a private individual, by about fifty people under the leadership of the first accused. The first accused shouted to kill the members of the 'Sand Squad'. The assailants attacked the members of the 'Sand Squad' and they were brutally manhandled. The assailants also took away the lorry, which was seized by the 'Sand Squad'. The jeep, in which the 'Sand Squad' came to the spot, was destroyed by the accused. For attacking members of the 'Sand Squad', the accused persons used dangerous weapons. The members of the Squad sustained injuries and they were admitted in the hospital. 4. The learned counsel for the petitioners submitted that B.A. No.668/2010 3 the petitioners were falsely implicated in the case. The petitioners and others are the members of the 'People squad', who detected grave corruption of the Revenue Officials and Police Officials in the matter of illegal mining of sand. It is alleged that instead of taking action against the culprits, allegations were made against the petitioners and they were falsely implicated in the present case. There is nothing to indicate that the petitioners ever raised any complaint against any such corruption or malpractices. There is no case that the members of the 'Sand Squad' did not sustain injuries in the alleged incident. If that is so, the theory of the petitioner that they were protesting against corruption and that the members of the 'Sand Squad' were not taking proper action cannot be, prima facie, believed. If the members of the 'Sand Squad' were not taking action against the illegal sand miners, one fails to understand as to how the members of the 'Sand Squad' sustained injuries at 9.45 P.M. near an unauthorised Kadavu. While disposing of an application for anticipatory bail, it is not necessary to arrive at any finding regarding the aforesaid contentions put forward by either parties. B.A. No.668/2010 4 Prima facie, there are materials to connect the petitioners with the offence. The name of the first accused is mentioned in the F.I. Statement itself. The allegations are grave in nature. The offence alleged against the accused is heinous. The members of the 'Sand Squad' were discharging their official duties and they were taking action against the culprits, who were involved in the illegal sand mining and removal of the sand. 5. In a case of this nature, I do not think that the petitioners are entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioners,certainly it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm