IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Bail Appl..No. 7581 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.5827/2011 Dated 28/07/2011 CRIME NO.383/2011 OF KATTAPPANA POLICE STATION .................... PETITIONER/ACCUSED NO.2 : ----------------------------- SHAJI, KANNILETH, ARAKUZHI, MATTUKATTA, UDUMBANCHOLA TALUK. BY ADV. SRI.SABU S.KALLARAMOOLA SRI.S.NIDHEESH RESPONDENT: RESPONDENT/STATE ------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. STATE PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7581 of 2011 ---------------------------------------------- Dated this the 11th day of October, 2011 ORDER The petitioner had filed Bail Appln.No.5827 of 2011 for the same relief of anticipatory bail which is prayed for in the present bail application. Bail Appln.No.5827 of 2011 was dismissed by the order dated 28th July, 2011 which reads as follows:- “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 Bail Appln.No.7581/2011 : 2 : 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 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. Bail Appln.No.7581/2011 : 3 : For the aforesaid reasons, the Bail Application is dismissed. 2. There is no change of circumstance or any other justifiable reason to re-consider the matter. The petitioner is not entitled to file successive anticipatory bail applications. In the facts and circumstances of the case, the bail application is dismissed. K.T.SANKARAN, JUDGE skj True copy P.A. to Judge