IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Bail Appl..No. 7141 of 2008() ----------------------------- (CRIME NO.640/2008 OF SASTHAMCOTTA POLICE STATION) PETITIONER/ 2ND ACCUSED ------------------------------------------- BAIJU, THARAMELAZHIKATHU, PERUVELIKKARA, WEST KALLADA, KUNNATHOOR, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2008, ALONG WITH B.A.NO.7472/008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.7141 of 2008 & B.A.No.7472 of 2008 ----------------------------------------- Dated this the 12th December, 2008 O R D E R These petitions are for anticipatory bail. 2. Petitioner in B.A.No.7141 of 2008 is second accused and petitioner in B.A.No.7472 of 2008 is accused no. 3 in the same crime. The alleged offences are under Section 379 of Indian Penal Code and Sections 12, 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. According to prosecution, accused 1 to 3 were found transporting river sand and on seeing the police, all of them ran away, abandoning the mini lorry containing sand. It is revealed that accused 1 to 3 were engaged in sand mining, in violation of the judgment of this Court in W.P(C).No.20016 of 2007and hence, a crime was registered against them. 3. Learned counsel for petitioners submitted that as per the allegations, petitioners were allegedly found transporting river sand, but there is no case that they were actually engaged in sand mining. Petitioners may be granted anticipatory bail, it is submitted. 4. These petitions are opposed. Learned Public Prosecutor submitted that as per the judgment of this Court in W.P(C). No.20016 of 2007, there is a prohibition in mining sand from a particular river in the locality, but petitioners were acting in violation of the directions in the said judgment and hence, action [B.A.Nos.7141 & 7472/08] 2 was taken against them. In case petitioners are granted anticipatory bail, it will adversely affect the investigation, it is submitted. 5. On hearing both sides, I find that there is a judgment in W.P(C).No.20016/2007 prohibiting sand mining, but petitioners acted in violation of the said order. It is not a fit case to grant anticipatory bail. The crime was registered as early as on 21.10.2008 and petitioners are not available for arrest or interrogation. Petitioners are, therefore, directed to surrender before the investigating officer and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. With this direction, petitions are dismissed. K.HEMA, JUDGE krs.