IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Bail Appl..No. 2460 of 2010() ----------------------------- CRIME NO.17/2010 OF THRITHALA POLICE STATION, PALAKKAD. .................... (S): PETITIONER/2ND ACCUSED ------------------------------------------ NISHANTH.C. AGED 26, S/O. SREEKUMARAN NAIR, NISHA NIVAS, CHERPULASSERY, OTTAPALAM TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, THRITHALA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2460 of 2010 ---------------------------------------------- Dated 7th July, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 465, 468, 471 and 472 of the Indian Penal Code read with Section 20 of the Kerala Protection of River Banks and Regulation and Removal of Sand Act. According to prosecution, petitioner (A2) along with other accused used a forged pass for the purpose of transporting river sand in a lorry. 3. This is the second application for anticipatory bail. After hearing learned counsel for petitioner and the learned Public Prosecutor, another bench this Court dismissed the earlier anticipatory bail application filed by petitioner as per Annexure II order and it was held therein as follows : “On hearing the learned counsel appearing for the petitioners and learned Public Prosecutor, I find this not a fit case to invoke the extra ordinary jurisdiction to grant anticipatory bail, as custodial interrogation of the petitioners may be necessary, in view of seriousness of the case. Petitioners are at liberty to surrender before learned Magistrate or the Investigating Officer.” BA NO. 2460/10 2 4. The above order was passed as early as on 29.3.2010. More than three months have elapsed. Petitioner has not surrendered before the Magistrate Court or the Investigating Officer, even though this court found that custodial interrogation of petitioner may be necessary. There is no reason to come to a different finding. 5. No further application for anticipatory bail by petitioner in this crime will be entertained by this court hereafter. Petition is dismissed. K.HEMA, JUDGE. tgs