IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 Bail Appl..No. 7735 of 2009 CRIME NO.830 OF 2009 OF CHENGANNUR POLICE STATION, ALAPPUZHA. PETITIONER/ACCUSED NO.1: -------------------------------------- GOPAN, AGED 40 YEARS, S/O.KUTTAN UNNITHAN, VADKKEDATHU VEEDU, PADANADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7735 OF 2009 ------------------------------------------------------ Dated this the 24th day of February, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.830 of 2009 of Chengannur Police Station, Alappuzha District. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: On 29.10.2009, the police got information that river sand was unauthorisedly taken from Pamba River and stacked near the river. Police went to the spot. It was found that about eight lorry loads of river sand were stacked. Police prepared a mahazar and took into custody the sand. One Rajamma was available near the place of incident. She had given the information that sand was collected by Gopan (accused No.1) B.A. NO. 7735 OF 2010 :: 2 :: and Shaiju (accused No.2). Later, on the same evening, when the police party came to the spot, it was found that more than seven lorry loads of sand were removed from the place. On investigation, it was found by the police that sand was removed by the accused persons. Crime No.830 of 2009 of Chengannur Police Station was registered accordingly. The petitioner apprehends arrest. 4. The offence alleged against the accused are grave in nature. Removing river sand is an offence. The police detected that offence and took the river sand into custody. Stealthily removing river sand which was taken into custody by the police is yet another offence. The allegation is that both these offences were committed by the same persons, namely, the accused persons. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and other circumstances, I am of the view that the petitioner is not entitled to any discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. Custodial interrogation of the petitioner is required in the facts and circumstances of the case. B.A. NO. 7735 OF 2010 :: 3 :: For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/