IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 Bail Appl..No. 6461 of 2008() ----------------------------- CRIME NO.623/08 OF SASTHAMCOTTA POLICE STATION PETITIONERS/ACCUSED NOS 2 & 3:- -------------------------------------------------- 1. K.KALESH, AGED 25 YEARS, CHARUVIL PUTHEN VEEDU, KOTHAPURAM, KARALI P.O., SASTHAMCOTTA, KOLLAM. 2. J.PRASAD, AGED 42 YEARS, KALLUMMOOTTIL KOTHAPURAM, KARALIL P.O., SASTHAMCOTTA, KOLLAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENT(S): STATE & COMPLAINT:- ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, SASTHAMCOTTA POLICE STATION, KOLLAM DIST. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6461 of 2008 ----------------------------------------- Dated this the 21st October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 379, 188 and 34 of the Indian Penal Code. According to prosecution, first and second accused were engaged in illegal sand mining and when this was detected by the police, all of them ran away. First accused was arrested from the spot and on his confession, it was revealed that the second accused was the person, who ran away and it was for the third accused that the offence was committed. The boat and the motor, which were used for sand-mining, belonged to the third accused. 3. Petitioners are accused 2 and 3. Learned counsel for petitioners submitted that the petitioners are absolutely innocent of the allegations made. They are members of a committee in a school. They had protested against illegal sand mining which was carried on, with the connivance of police. This had offended police and they were waiting for an opportunity to implicate petitioners in a false case, because the police was aiding illegal sand mining. Several Writ Petitions are filed stating that the sand mining was carried on with the assistance of the police and directions were also issued by BA.6461/08 2 the court against the police and the District Collector. Contempt proceedings were also initiated against District Collector etc. Therefore, anticipatory bail may be granted to the petitioners, it is submitted. It is also submitted that the only material to connect the petitioners with the crime is an alleged confession made by the first accused to the police, but that may not be sufficient to incriminate the petitioners with the crime. 4. Learned Public Prosecutor opposed this bail application and submitted that in a case of this nature it may not be proper to grant anticipatory bail. It is submitted that there is clinching evidence against the petitioners that they were involved in the crime. Boat and motor, which were used for the commission of offence, belonged to the third accused. It is also submitted that the third accused was involved in 10 other cases of similar nature. As far as the second accused is concerned, the police themselves had identified the second accused from the spot and the witnesses also have not given statement regarding his presence and that he was carrying on sand mining. 5. This petition is opposed and it was submitted that there are sufficient materials disclosing commission of offence by accused. BA.6461/08 3 6. On hearing both sides and considering the submissions made and taking into account the nature of the allegations made, I am least inclined to grant anticipatory bail in an offence of this nature. I am satisfied that the petitioners are required for interrogation and investigation. Petitioners are therefore directed to appear before the investigating officer within seven days from today and co-operate with the investigation. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.