IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 7689 of 2008() ----------------------------- CRIME NO.688/08 OF VALANCHERI POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. SHANID KATTIKULANGARA S/O. ABDULLA, P.O. CHENGOTTOOR,MALAPPURAM 2. SHIHAB MUKKIL, S/O. OKUNHAHAMMED, NELLOLIPARAMBA, CHETTIPARAMBA. BY ADV. SRI.T.K.SAIDALIKUTTY SMT.ANITHA M.N. (EKM) RESPONDENT(S): ----------------------- 1. THE SUB INSPECTOR OF POLICE, VALANCHERRY MALAPPURAM. 2. THE STATE OF KERALA, REPRESEENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON 08/01/2008 PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7689 of 2008 ----------------------------------------- Dated this the 8th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 279, 353, 332 and 149 of the Indian Penal Code. According to prosecution, petitioners, along with three others, were found in engaged in illegal sand mining and transportation of the same. De facto complainant, who is a Junior Sub Inspector, wanted to prevent the same, but they assaulted him and escaped. Petitioners are accused 1 and 5 in the crime. 3. Learned counsel for petitioners submitted that accused 2, 3 and 4 were granted bail by the trial court and hence, anticipatory bail may be granted. 4. Learned Public Prosecutor submitted that this is a case where Junior Sub Inspector was prevented from discharging his official duty by petitioner and two others. 5. On hearing both sides, I do not find any special circumstances or reason why anticipatory bail has to be granted. The granting of regular bail to the co-accused by BA.7689/08 2 itself is not a ground for granting anticipatory bail to petitioners. The crime is registered as early as on 12.11.2008 and petitioners are not available for arrest or interrogation. Hence, petitioners are directed to surrender before the investigating officer without any delay and co-operate with the investigation. Whether they surrender or not, the police is at liberty to arrest them and proceeding in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.