IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Bail Appl..No. 5649 of 2008(A) --------------------------------------- CRIME NO.625 OF 2008 OF MANJERI POLICE STATION .................... PETITIONERS: ---------------------- 1. K.T.ASHRAF, AGED 28, S/O. MOHAMMED, ANAKKAYAM AMSOM, PERIMBALAM DESOM, MALAPPURAM DISTRICT. 2. K.M.JAMALUDHEEN, AGED 29 YEARS, S/O. K.M.ALAVI, - DO- DO 3. T.K.SUKARANO, AGED 32 YEARS, S/O. MOHAMMED, -DO- -DO- 4. K.NOUFAL, AGED 35 YEARS, S/O. MOHAMMED, DO DO 5. K.P. AMMEN, AGED 22 YEARS, S/O. ALAVI DO DO 6. K.M.HANEEFA, AGED 32 YEARS, S/O. MOHAMMED, DO DO 7. K.V.M.ABDULLA, AGED 23 YEARS, S/O. YOOSAF DO DO BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.JOSEPH P.ALEX RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5649 OF 2008 ------------------------------ Dated this the 6th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 427 and 353 read with Section 149 of I.P.C. According to the prosecution, the Sub Inspector of Police, Malappuram was on official duty and he intercepted a lorry which was used for illegal sand transportation. During the course of this, he found on the other side of the river that some illegal sand mining was going on. Therefore, he went to the other side of the river, which was in the limits of the Manjeri police station. He then chased the vehicle which was used for illegal transportation of sand, while the vehicle in which the defacto complainant and police party were travelling was intercepted by certain persons who came in motor cycles. 3. The defacto complainant was obstructed from discharging his official duty and stones were pelted at the vehicle and it was damaged. About 20 identifiable persons committed B.A.5649 of 2008 2 various offences by forming themselves into an unlawful assembly. The petitioners, except 6th petitioner, are accused Nos.1 to 6 in the crime. Learned Public Prosecutor submitted that 6th petitioner is not arrayed as an accused in case and he is not wanted by the police for arrest. This submission is recorded and hence no ground exists to grant anticipatory bail to the 6th petitioner. 4. Learned counsel for the petitioners submitted that the incident did not occurred as alleged. The defacto complainant was not on his official duty. Nothing happened while he was discharging his official duty. In fact the defacto complainant was in mufti and he was in a Tata Sumo vehicle and not in official vehicle. He was found in the Perimpalam Angadi along with an influential person (Sri.Lukeman) who was involved in illegal sand mining from kadalundi river. Since these persons were found at 1 a.m. during untimely hours, some persons gathered there and made enquiries about their presence there. There was some altercation and some persons pelted stones at the vehicle. 5. It is not correct to say that the defacto complainant B.A.5649 of 2008 3 was discharging his official duty. The incident happened at a place which is away from his police station limits and the incident happened at a place within the Manjeri police station limits. It is also contended that though the defacto complainant would claim that he was on official duty, the vehicle which was damaged was not an official vehicle. It is also pointed out that if at all there was illegal sand mining as alleged, it is not necessary that the defacto complainant himself must come to the other side of the river and intercept the vehicle which was engaged in such activity. The information could have been easily conveyed to the Manjeri police through wireless or in some other manner. All these facts would indicate that the incident did not occur as alleged, it is submitted. 6. It is also submitted that if the petitioners are arrested and it is likely that they will be tortured and detained. It is also submitted that it is only to explain the defacto complainant's presence at untimely hours within Manjeri police station limits that a false case is put forward stating that the defacto complainant was in the course of discharging his official duty etc. B.A.5649 of 2008 4 7. This petition is opposed. Learned Public Prosecutor submitted that the incident occurred on the other side of the river and when the defacto complainant found that illegal sand mining was carried on, on the other side of the river he had gone to the other side which lies within the limits of the Manjeri police station. It was also submitted that the defacto complainant was chasing a lorry which was engaged in illegal sand mining. It was to prevent the same that the petitioners and others came in motor cycles and committed the offences, it is submitted. On hearing both sides and on considering the submissions made on both sides, I find that it is only fit and proper to grant anticipatory bail to the petitioners on conditions. Hence, the following order is passed: The petitioners shall surrender before the Magistrate court concerned within seven days from today and if any bail application is filed, they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of B.A.5649 of 2008 5 the learned Magistrate on the following conditions: (i) The petitioners shall make themselves available for interrogation by the Investigating Officer as and when directed. (ii) The petitioners shall co-operate with the investigation. (iii) The petitioners shall not commit any offence while on bail The petition is allowed. K.HEMA, JUDGE pac