IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 Bail Appl..No. 7792 of 2009 CRIME NO.464 OF 2009 OF BAKEL POLICE STATION PETITIONERS: ACCUSED NOS.3,5,6,7,2 & 1 : 1. MOIDU, S/O.MUHEMAMDALI, SHIHAB MANZIL, PALLIKARA, PERIYAR ROAD, KASARAGOD. 2. MAJEED, S/O.ABOOBACKER, OPPOSITE WATER TANK, PALLIKARA, PERIYAR ROAD, KASARAGOD. 3. SALIM, S/O.ABOOBACKER, OPPOSITE WATER TANK, PALLIKARA, PERIYAR ROAD, KASARAGOD. 4. SAMEER, S/O.KHADER, KALLINGAL HOUSE, PALLIKARA, PERIYAR ROAD, KASARAGOD. 5. RAFI.M, S/O.IBRAHIM, NEAR ANJANA THEATRE, PALLIKARA, PERIYAR ROAD, KASARAGOD. 6. BASHEER, S/O.BAKEL HAMU, THOTTI HOUSE, POOCHAKKAD, HOSDURG, KANHANGAD. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENTS: STATE/COMPLAINANT 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, BAKEL POLICE STATION, KASARAGOD. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7792 OF 2009 ------------------------------------------------------ Dated this the 12th day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.3, 5, 6, 7, 2 and 1 respectively in Crime No.464 of 2009 of Bakel Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 308, 332 and 353 of the Indian Penal Code and Section 4(1)(a) of the Mines and Minerals (Development and Regulation) Act, 1957. 3. The gist of the prosecution case is the following: On 17.12.2009 at about 3.30 AM, the police party was patrolling at Pallikkara. They got information that people were engaged in the illegal sand mining from the seashore near Pallikkara Railway gate. At about 3.45 AM, when the police party reached Pallikkara Beach Road Junction near Fishland Road, they saw a miny lorry loaded B.A. NO. 7792 OF 2009 :: 2 :: with sand proceeding from the seashore. They gave signal to stop the lorry. The lorry was driven in high speed and it was taken towards the police people. The police party escaped by jumping to the side of the road. Though the police party followed the lorry in a jeep, they could not trace the lorry. It is stated that the lorry was being driven by one Basheer of Poochakkad. The name of the lorry is 'Parveen'. The police party came back to Pallikkara beach. At that time, they saw the lorry, bearing Registration No.KL13-D5954 at that place (name of the lorry being “Muthappan”) and the accused persons filling sand in the lorry from the beach. When the police party approached near the lorry, the accused persons pelted stones against them. One police constable got injured. With great difficulty, the police party could seize the vehicle. It is alleged that eight named persons in the F.I.R and twenty identifiable persons are involved in the incident. 4. The offence alleged against the accused persons is grave in nature. Custodial interrogation of the accused would be necessary, in the peculiar facts and circumstances of the case. If anticipatory bail is granted to the petitioners, it would adversely affect the proper investigation of the case. I am of the view that the B.A. NO. 7792 OF 2009 :: 3 :: petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/