IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5315 of 2009()
1. ABDUL SAMAD, S/O.HAMZA,
... Petitioner
2. N.V.SIDDIQUE, S/O.VEERANKUTTY,
3. SHAJI, S/O.VELAYUDHAN,
4. DHILIP KUMAR, S/O.CHATHUKUTTY,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.V.V.ASOKAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :04/11/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5315 of 2009
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Dated this the 4th day of November, 2009
O R D E R
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure. The petitioners are accused
Nos.1 to 4 in Crime No. 250/2009 of Kuttipuram Police Station.
2. The offences alleged against the petitioners are under
Sections 332 and 353 read with Section 34 of the Indian Penal
Code.
3. The prosecution case is the following :-
On 26.08.2009 at about 8 A.M., the Revenue Divisional
Officer and Revenue Officials went to Vellancherry kadavu in
Thavannur Panchayath. At that time, the accused persons tried to
cause danger to the life of the Revenue Divisional Officer and party
by taking a lorry bearing Registration No. KL 8 E 318 towards the
reverse direction. Due to the timely intervention of one of the
Revenue Officials the life of the Revenue Divisional Officer was
saved. One of the officials tried to take photographs of the lorry in
question. He was beaten up by the accused persons. It is alleged
that the accused persons prevented the Revenue Divisional Officer
and his party from discharging their official duties.
B.A. No. 5315 of 2009 2
4. The activities of sand mafia are well known to the
general public. It is also well known that unauthorized removal of
sand is rampant in the State and that the persons who are
engaged in sand mining from rivers are very powerful. The people
are afraid of reporting any incident of stealthily removing sand
from rivers. Even the Revenue Officers are being terrorised by
sand mafia when such officers try to check the illegal activities of
sand mining. It is stated that the activities of the police and the
Revenue authorities are being closely watched by the sand mafia
and even before the police or Revenue authorities reach the
place, the offenders get the information regarding their arrival.
The revenue authorities discharge their duties under great stress
and strain, when they deal with the cases of illegal sand mining
and removal of sand. The Revenue Divisional Officer in the
present case is a lady officer. In spite of that, the allegation is
that the accused persons acted mercilessly towards her and her
team of officers.
5. In cases involving offences of this nature, if anticipatory
bail is granted, it would have the effect of strengthening the sand
B.A. No. 5315 of 2009 3
mafia and weakening the activities of the police and Revenue
Authorities.
6. Taking into account the facts and circumstances of the
case, the nature and gravity of the offence and the allegations
levelled against the petitioners, I am of the view that the
petitioners are not entitled to the discretionary relief under
Section 438 of the Code of Criminal Procedure.
For the aforesaid reasons, the Bail Application is dismissed.
K.T. SANKARAN, JUDGE
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