IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Bail Appl..No. 5827 of 2011 CRIME NO.383 OF 2011 OF KATTAPANA POLICE STATION, IDUKKI DISTRICT PETITIONER/ACCUSED NO.2: -------------------------------------- SHAJI, KANNILETH, ARAKUZHI, MATTUKATTA, UDUMBANCHOLA TALUK. BY ADV. SRI.SABU S.KALLARAMOOLA SRI.S.NIDHEESH RESPONDENT: STATE -------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5827 OF 2011 ------------------------------------------------------ Dated this the 28th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.383 of 2011 of Kattapana Police Station, Idukki District. 2. The offences alleged against the accused are under Sections 142, 143, 144, 145, 147, 148 and 353 read with Section 149 of the Indian Penal Code and Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. 3. The prosecution case is the following: At 2.30 A.M. on 8.5.2011, the revenue officials under the leadership of the Sub Collector, Devikulam seized five country boats which were being used for illegal sand mining. The country boats and sand were seized by the team of revenue officials. At about 10.30 A.M. on 8.5.2011, when attempt was made to take the boats and sand, the accused persons, more than 50 in number, prevented the officials from discharging their official duties. The accused persons attempted to attack the revenue officials with deadly BAIL APPL. NO. 5827 OF 2011 :: 2 :: weapons. Three tipper lorries, which were brought for the purpose of taking the country boats, were also damaged by the accused. One of the accused persons poured kerosene on his body and threatened that he would commit suicide. Kerosene was poured over one of the tipper lorries also. 4. The matter was reported to the police by the Deputy Tahsildar, Udumbanchola and accordingly, the crime was registered. 5. The allegations levelled against the accused are very grave in nature. The allegation is that the accused persons attacked the revenue officials and prevented them from discharging their official duties. The discretionary relief under Section 438 of the Code of Criminal Procedure cannot be granted in favour of the accused in such a case. If anticipatory bail is granted to the petitioner, it would seriously affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/