IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 Bail Appl..No. 1033 of 2010() --------------------------------- CRIME NO. 395/2009 OF MUKKAM POLICE STATION .................. PETITIONERS/ACCUSED : ----------------------------- 1. MUJEEB RAHMAN, S/O.AHAMMED, PANDALAMCHERI, ENTHRATH VEEDU, KUNIYIL, KEEZHPARAMBU, AREEKODE, ERNAD TALUK. MALAPPURAM DISTRICT. 2. RAMEES, S/O.ABDULLAI, PALLIYALIYIL HOUSE, KUNIYIL, KEEZHPARAMBU, AREECODE, ERNAD TALUK. MALAPPURAM DISTRICT. 3. SHAJAHAN P.K., S/O.ABOO, 26 YEARS, PAYYANATTUTHODI, VALILPUZHA P.O., AREEKODE, ERNAD, MALAPPURAM DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT: --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1033 of 2010 ------------------------------------ Dated this the 3rd day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 2, 4 and 3 in Crime No.395/2009 of Mukkam Police Station, Kozhikode District. 2. The offence alleged against the petitioners is under Section 353 read with Section 34 of the Indian Penal Code. 3. The de facto complainant is the Village Officer, Chembrassery, Malappuram District. The Village Officer and his subordinate staff were acting as the sand squad attached to Eranad Taluk Office. The official duty of the sand squad is to detect the illegal sand mining and removal and bring to book the offenders. On 23.12.2009, the sand squad under the leadership of the Village Officer intercepted the lorry bearing Registration No. KL 10 C 4883 carrying sand. The members of the sand squad got into the vehicle and directed the driver to take the lorry to the police station. The driver of the lorry took the vehicle over a drainage canal and apparently made it B.A. No. 1033 /2010 2 impossible to continue the journey. The members of the sand squad got down from the vehicle. At that time, the driver took the lorry out of the drainage canal and drove away in high speed. The Village Officer and the members of the sand squad followed the lorry, in a jeep. It is alleged that three persons followed the sand squad on a motor bike bearing Registration No. KL 10 A D 3997 and prevented the sand squad from chasing the lorry containing sand. It is alleged that accused Nos. 2, 3 and 4 were travelling on the motor bike. It is alleged that accused persons prevented the sand squad from discharging their official duties. 4. The allegations levelled against the petitioners are grave in nature. Taking into account the facts and circumstances of the case and the nature and gravity of the offence, I am of the view that the petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioners, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail application is dismissed. K.T. SANKARAN, JUDGE ln