IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 Bail Appl..No. 613 of 2010() ---------------------------------------- (CRIME NO.27/2010 OF KEEZHVAIPUR POLICE STATION, PATHANAMTHITTA DISTRICT) PETITIONERS:ACCUSED NOS. 4 & 5: --------------------------------------------------------- 1. SIVALAL.C.S, AGED 42 YEARS, S/O.SIVARAMAN NAIR, CHAKKALAYIL HOUSE, KOTTANGAL VILLAGE, KULATHOORKAVUM BHAGHOM MURI, MALLAPPALLY. 2. ANIL KUMAR.C., AGED 34 YEARS, S/O.CHANDRASEKHARAN NAIR, PILANNAMANNIL HOUSE, KOTTANGAL VILLAGE, KULATHOORKAVUM BHAGHOM MURI, MALLAPPALLY. BY ADV. MR.P.HARIDAS RESPONDENT(S): STATE AND COMPLAINANT: --------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KEEZHVAIPUR POLICE STATION. R1 & R2 BY PUBLIC PROSECUTOR MR. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/02/2010 ALONG WITH B.A.NO.658 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. Nos. 613 and 658 of 2010 ------------------------------------ Dated this the 17th day of February, 2010 O R D E R Bail Application No. 658/2010 is filed by accused Nos. 1 to 3 in Crime No.27/2010 of Keezhvaipur Police Station, Pathanamthitta District, under Section 439 of the Code of Criminal Procedure for Regular Bail. Bail application No. 613/2010 is filed by accused Nos.4 and 5 in the aforesaid Crime, under Section 438 of the Code of Criminal Procedure for Anticipatory Bail . 2. The offences alleged against the petitioners are under Section 308 read with Section 34 of the Indian Penal Code and Sections 20 and 21 of the Protection of River Bank and Regulation of Removal of Sand Act. 3. The gist of the prosecution case is the following: On 13.01.2010 at 6 A.M. , the Sub Inspector of Police went to Illathu Kadavu on the banks of Manimalayar, on getting secret information that some persons were attempting to illegally transport sand from the river. The police party found five persons engaged in loading sacs containing sand, in a tipper lorry. On B.A. Nos. 613 and 658 of 2010 2 seeing the police, all the accused persons escaped in the lorry. The police chased the lorry. After some time, the lorry was abruptly stopped and the hydraulic tipper system of the lorry was applied. About 150 sacs containing sand suddenly fell down. It was intended to fall on the police jeep. The driver of the police jeep immediately took the jeep on the reverse direction. Thus an untoward incident could be averted. Accused No.2 was arrested on 13.01.2010, while accused Nos. 1 and 3 were arrested on 14.01.2010. They were remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the accused persons, I do not think that accused Nos. 4 and 5 are entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The learned Public Prosecutor submitted that for the proper investigation of the case, it is necessary to arrest all the accused in the case. It is also submitted that custodial interrogation of accused Nos. 4 and 5 is necessary. There is substance in the submission made by the learned Public Prosecutor. If anticipatory bail is granted to accused Nos.4 and 5, it would adversely affect the proper B.A. Nos. 613 and 658 of 2010 3 investigation of the case. Therefore, Bail Application No. 613/2010 is liable to be dismissed. 5. However, I am of the view that Regular Bail can be granted to accused Nos. 1 to 3 (Petitioners in Bail Application No. 658/2010) on stringent conditions. 6. Accused Nos.1 to 3 (Petitioners in Bail application No. 658/2010) shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla subject to the following conditions:- A) Accused Nos.1 to 3(Petitioners in Bail Application No.658/2010) shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for two months and thereafter on Mondays, till the final report is filed or until further orders. B) Accused Nos.1 to 3 (Petitioners in Bail Application No.658/2010) shall appear before the Investigating Officer for interrogation as and when required. C) Accused Nos.1 to 3(Petitioners in Bail Application No.658/2010) shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. Nos. 613 and 658 of 2010 4 D) Accused Nos.1 to 3(Petitioners in Bail Application No. 658/2010) shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. For the aforesaid reasons, Bail Application No. 613/2010 is dismissed and Bail Application No.658/2010 is allowed in the manner indicated above. K.T. SANKARAN, JUDGE ln