IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 Bail Appl..No. 4822 of 2009() ----------------------------- CRIME NO.546/2009 OF PATHANAMTHITTA POLICE STATION PETITIONERS/ACCUSED 1 TO 9 -------------------------------------------- 1. SULU @ ANIL KUMAR, AGED 40,THANKAPPAN NAIR,RAVI SADANAM, VALAMCHUZHY, PATHANAMTHITTA. 2. SREEKUMAR, AGED 33 YEARS, S/O.GOPALAKRISHNA PILLAI,THEKKINETHU, VALAMCHUZHY, PATHAMAMTHITTA. 3. SIVAKUMAR @ JITH, AGED 30 YEARS, S/O.GOPALAKRISHNA PILLAI, THEKKINETHU, VALAMCHUZHY, PATHANAMTHITTA. 4. ARUNKUMAR,AGED 24 YEARS,S/O.RAJESEKHARA PILLAI, VADAKKETHIL VEEDU, VALAMCHUZHY, PATHANAMTHITTA. 5. MANOJ,AGED 26 YEARS,S/O.OMANAKUTTAN NAIR KUMBLAVELIL VEEDU,VALAMCHUZHY, PATHANAMTHITTA. 6. AJI, AGED 25 YEARS,S/O.SANKARA PILLAI, MACHIRUVELIL VEEDU, VALAMCHUZHY, PATHANAMTHITTA. 7. SUBHASH,AGED 41,S/O. SUDHARA PANICKER, PULIPRA VEEDU, VALAMCHUZHY, PATHANAMTHITTA. 8. RAMU AGED 31 YEARS,S/O. SIVANANDAN, MEMURIYIL, MALLASSERY, VALAMCHUZHY, PATHANAMTITTA. 9. SIVAN,AGED 41 YEARS, S/O. SREEDHARAN, LAKSHAM VEEDU, VALAMCHUZHY, PATHANAMTHITTA. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BA 4822/09 -2- 2. SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4822 of 2009 --------------------------------------------- Dated this the 29th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 7, 9 and 10 in Crime No.546 of 2009 of Pathanamthitta Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 149, 341, 353 and 183 of the Indian Penal Code. 3. The prosecution case is the following: On 5.6.2009, the Village Officer and party were removing sand which was found to have been illegally collected at a Kadavu, as per the directions issued by the Tahsildar. Sand was loaded in a vehicle. At that time, the first accused Anil Kumar and his gang, consisting of 15 persons, obstructed the vehicle and obstructed the official duties. They also took away the boat which was taken into custody by the Village Officer on the ground that it was used for committing the offence of illegal sand mining. BA No.4822/2009 2 4. Taking into account the facts and circumstances of the case, the allegations made against the petitioners and the nature and gravity of the offence, I am of the view that the petitioners are not entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl