IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Bail Appl..No. 2990 of 2009() ------------------------------------ CRIME NO.157/2009 OF CHERUTHURUTHY POLICE STATION PETITIONERS/ACCUSED NOS. 1 AND 2: --------------------------------------------------------- 1. NAZEER K.K., S/O. KOYA, AGED 30 YEARS, KEEZHUTHULLY HOUSE, CHERUTHURUTHY, TALAPPILLY TALUK, THRISSUR DIST. 2. PRADEEP K.K. , S/O. KAYI, AGED 29 YEARS, APPANADATH HOUSE, NETTISSERY, NELLANKARA, THRISSUR DIST. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS/STATE: ---------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2990 of 2009 ------------------------------------ Dated this the 12th day of August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are respectively accused Nos.2 and 1 in Crime No.157/2009 of Cheruthuruthy Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147 and 353 read with Section 149 of the Indian Penal Code and Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. 3. The case was registered on the basis of information given by the Secretary of Desamangalam Grama Panchayath. On 31/03/2009, the Secretary of the Grama Panchayath got information that sand was illegally being removed in a lorry from a kadavu at Konavally. The Secretary of the Panchayath, Sri. C.S. Hari, along with Head Clerk, Mohammedkutty and U.D. Clerk, Vinu, went to the place in a jeep belonging to the Panchayath. At 3.15 P.M., when they reached the place, they saw the tipper lorry bearing Registration No.KL3/A 9928 being B.A. No. 2990 /2009 Page numbers taken with a load of sand unauthorisedly removed from Bharathapuzha. They asked the name of the driver. It was disclosed that Pradeep was the driver. He stated that there was no document authorising the removal of sand. The Secretary of the Panchayath took the key of the vehicle from Pradeep. The Head Clerk Mohammedkutty was entrusted with the vehicle and he was directed to remain at the place. The Secretary of the Panchayath and U.D. Clerk rushed to the Panchayath office, where the Additional Tahsildar, Thalappilly was available and he was duly informed of the incident. At that time, the Secretary of the Panchayath got information from Mohammedkutty over telephone that after they left the place, about ten persons came to the spot and forcibly took away the tipper lorry. The matter was reported to the police. Accordingly, the crime was registered. 4. Unauthorised removal of sand from Bharathapuzha is a daily affair and it is known to all. It is common knowledge that such unauthorised removal of sand from Bharathapuzha occurs regularly. The persons who are engaged in such removal of sand B.A. No. 2990 /2009 Page numbers are organised and they are powerful too. The persons who are authorised to take action are either afraid of the sand mafia or they are otherwise influenced by the sand mafia. The sand mafia terrorise honest and upright officers and thereby make it practically impossible to prevent unauthorised removal of sand. In a scenario like this, the Secretary of the Desamangalam Grama Panchayath assisted by Head Clerk and U.D. Clerk had ventured to prevent the unauthorised removal of sand. They must be appreciated for their courageous acts. But, they could not successfully complete their acts as the sand mafia interfered and the vehicle was forcibly removed from the possession of Head clerk of the Panchayath. Now, those accused persons who are allegedly involved in the offence, have approached this Court with a prayer to grant anticipatory bail. 5. Anticipatory bail is not a remedy which could be invoked by such persons, who involve themselves in such high handed acts. The discretionary remedy cannot be sought for by such people. The court should not grant relief to such persons either. I am not at all inclined to entertain the request for B.A. No. 2990 /2009 Page numbers anticipatory bail made by the petitioners. The Bail Application is accordingly dismissed. 6. While disposing of this Bail Application, I am inclined to observe that appropriate recognition should be extended to the Secretary of the Panchayath, the Head Clerk and U.D. Clerk of the Panchayath, who had taken timely action to prevent the illegal acts of the sand mafia. 7. The Registry shall forward copy of this order to the Chief Secretary to the Government for appropriate action in this regard. Issue copy of this order to both sides. K.T. SANKARAN, JUDGE scm