IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 Bail Appl..No. 1920 of 2008(R) ------------------------------ CRIME NO.56/08 OF EDAKKARA POLICE STATION .................... PETITIONER : ACCUSED ------------------------ RIYAS BABU, S/O.ABDULLAKUTTY, VALAPRA BEEMBUNGAL, MAMPAD P.O., NILAMBUR TALUK. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS: COMPLAINANT-STATE ------------------------------ STATE OF KERALA, REP:BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1920 of 2008 ------------------------------------- Dated this the 2nd day of April, 2008 ORDER Application for anticipatory bail. Petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Section 353 I.P.C. All other offences alleged are bailable offences. The crux of the allegations against the petitioner is that on 28.02.08, the vehicle driven by the petitioner - allegedly owned by him, which had river sand loaded in it for unauthorised transportation, did not stop when signal was shown by the police. The police party chased the vehicle. The driver of the vehicle committed the offence punishable under Section 353 I.P.C against the police officials who chased the vehicle. He had ensured that the mud was thrown at the jeep which was proceeding behind him. The further progress of the police vehicle was thus obstructed. Ultimately when the police party continued the chase, the vehicle was taken to a certain place and kept there. The driver had taken to his heels. The petitioner, it is alleged in the F.I.R, is the owner of the vehicle. Subsequent investigation allegedly revealed that the petitioner was himself driving the vehicle at the relevant time. B.A.No.1920 of 2008 2 Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. In the F.I.R, the only allegation is that the petitioner is the owner of the vehicle. The petitioner is not the owner of the vehicle. The registered owner is some other person. The petitioner has nothing to do with the said vehicle. False and vexatious allegations are now being raised. The petitioner may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor opposes the application. Nefarious activities are going on affecting the law and order situation in the locality. The sand mafia is attempting to take law into their hands. The learned Public Prosecutor submits that a serious view is bound to be taken against the same. Attempt made by such persons against officers discharging their official duties deserves to be frowned upon. In addition to the allegation in the F.I.R that the petitioner is the owner of the vehicle, it is also alleged that the petitioner is the driver of the vehicle at the relevant time. In any view of the matter, the petitioner does not deserve to be granted anticipatory bail, it is submitted. B.A.No.1920 of 2008 3 4. I have considered all the relevant inputs. At this early stage, I shall not embark on a detailed discussion about the acceptability of the allegations or the credibility of the data collected. Suffice it to say that I am unable to perceive any features in this case which can justify or warrant the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioner must appear before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail. 5. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. (R.BASANT, JUDGE) rtr/-