IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Bail Appl..No. 5815 of 2011 CRIME NO.545 OF 2011 OF KATTAPANA POLICE STATION, IDUKKI DISTRICT PETITIONER/ACCUSED NO.1 ------------------------------------------- SHAJI, KANNILETH, ARAKUZHI, MATTUKATTA, UDUMBANCHOLA TALUK. BY ADV. SRI.SABU S.KALLARAMOOLA SRI.S.NIDHEESH RESPONDENT: STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5815 OF 2011 F ------------------------------------------------------ Dated this the 28th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.545 of 2011 of Kattapana Police Station, Idukki District. 2. The offences alleged against the accused are under Sections 143, 144, 147, 148, 294(b), 353 and 332 read with Section 149 of the Indian Penal Code and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. 3. The prosecution case is the following: On 11.7.2011, the revenue officials intercepted the lorry, bearing Registration No.KL 6D/6632, which was allegedly being used for illegally transporting sand. The de facto complainant, a member of the Sand Squad, was abused and attacked with a stick by the first accused. The revenue officials were pushed down by accused Nos.2 to 7 and they were prevented from discharging their official duties. The driver of the lorry escaped. It is alleged that when the lorry was about to be removed, the accused BAIL APPL. NO. 5815 OF 2011 :: 2 :: persons came to the spot and attacked the revenue officials, as directed by the driver of the lorry. The lorry in which the sand was illegally transported could not be seized by the revenue officials as the accused persons forcibly took away the lorry. It is alleged that the Revenue officials were forcibly pulled down from the lorry and they were physically assaulted. The driver of the lorry in which the sand was removed was apprehended by the Revenue officials and he was made to sit in the vehicle belonging to the Revenue Department, but he escaped from the said vehicle. It is also specifically alleged against the first accused that he drove away the lorry in which the sane was illegally transported. 4. From the facts narrated above, it can be seen that the discretionary relief under Article 438 cannot be granted in favour of the petitioner. In a case of this nature, I am of the view that anticipatory bail cannot be granted. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/