IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Bail Appl..No. 6124 of 2008() ----------------------------- CRIME NO.300/2008 OF VENGARA POLICE STATION .................... PETITIONERS/ACCUSED --------------------------------------- 1. VARENGAL ABDUL MAJEED, S/O.MUHAMMEDKUTTY, KUZHIPURAM, THIROORANGADI, MALAPPURAM DISTRICT. 2. MUNDAN RASHEED, S/O.MAMMEDU, KUZHIPURAM, THIROORANGADI, MALAPPURAM DISTRICT. 3. THOMMANGADAN SAMEER, S/O.KUNHALAVI, KUZHIPURAM, THIROORANGADI, MALAPPURAM DISTRICT. 4. VARENGAL ABDUL JALEEL, S/O.MUJAMMEDKUTTY KUZHIPURAM, THIROORANGADI, MALAPPURAM DISTRICT. 5. MUNDAN MUSTAFA, S/O.MAMMADU, KUZHIPURAM, THIROORANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VENGARA POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6124 of 2008 ------------------------------------------------- Dated this the 15th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 353 and 332 read with Section 149 IPC. According to prosecution, the defacto complainant who is a Village Assistant along with a Village Man was proceeding to a house of a lady in the course of discharge of his duties under instructions from his official superior. They saw illegal sand mining being carried on by the petitioners. When he told them that the matter will be informed to the Tahsildar, they assaulted him and prevented him from discharging his duty. Hence, a crime was registered under the above said Sections. 3. Learned counsel for the petitioners submitted that the Village Assistant is in the habbit of filing of complaints against persons. He used to come over to 'Kadavu' and once he had approached certain persons who were engaged in illegal sand mining and wanted them to give money. Since they were not prepared, a false complaint is filed against the petitioners. He has no claim that they are known to him earlier, but, all the names are mentioned in FIS, with a view to harass the petitioners, it is BA No.6124/08 2 submitted. 4. Learned public prosecutor opposed this bail application and submitted that this is a case where there was interference from the petitioners in discharging of official duty by a Village Assistant and a Village Man and it is not a fit case to grant anticipatory bail. It is also submitted that in the First Information Statement itself, it is mentioned that the petitioners are previously known to the defacto complainant and he has specified the names and details also in the statement. It is also submitted that the Village Assistant was injured and he was hospitalised. 5. On hearing both sides, considering the nature of allegations made, I am not satisfied that it is a fit case to grant anticipatory bail. The incident happened as early as on 16.9.2008 and petitioners are not arrested so far. Hence, petitioners shall surrender before the Investigating Officer or before the Magistrate Court concerned within seven days from today and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE csl