IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 8468 of 2011(A) ----------------------------- (CRIME NO. 2319/2011 OF KARUNAGAPALLY POLICE STATION, KOLLAM DIST.) PETITIONER/ACCUSED ------------------ SAJI KUMAR @ MATHI, S/O.SARASAN, KURUKKALETHU VEEDU, VELLANATHURUTHU, ALAPPADU VILLAGE, KOLLAM DISTRICT. BY ADVS. SRI. K.SIJU KAMALASANAN SRI. S.ABHILASH RESPONDENT ---------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KARUNAGAPALLY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH. THIS BAIL APPLICATION HAVING BEEN COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dlk P.S.GOPINATHAN, J ---------------------------- B.A. NO.8468 OF 2011 -------------------------- Dated this the 18th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.2319/2011 of Karunagappally Police station for offences punishable under Sections 20 and 21 of Kerala River Bank Protection and Regulation of Removal of Sand Act r/w Section 379 IPC. Apprehending, arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 2. The learned Public Prosecutor submitted that there is no allegation for the offence under Section 379. Therefore, the other offences alleged is being bailable. Hence, this petition is dismissed with liberty to the petitioner to apply for regular bail. P.S.GOPINATHAN, JUDGE amk