High Court Kerala High Court

Rajendran vs Sub Inspector Of Police on 13 January, 2010

Kerala High Court
Rajendran vs Sub Inspector Of Police on 13 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7386 of 2009()


1. RAJENDRAN,AGED 36 YEARS,
                      ...  Petitioner
2. RAJESH,AGED 21 YEARS,S/O.RAGHAVAN,

                        Vs



1. SUB INSPECTOR OF POLICE,SASTHAMCOTTA
                       ...       Respondent

                For Petitioner  :SRI.BIMAL K.NATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :13/01/2010

 O R D E R
                       K.T. SANKARAN, J.
                    ---------------------------
                     B.A. No. 7386 of 2009
                    ------------------------------
             Dated this the 13th day of January, 2010

                            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 and 3 in Crime No.547/2009 of Sasthamcotta Police

Station, Kollam.

2. The offences alleged against the petitioners are under

Sections 379 and 188 of the Indian Penal Code and Sections 12,

20 and 21 of the Kerala River Bank Protection (Regulation of

Removal of Sand Mining) Act, 2001.

3. The prosecution case is that on 22/8/2009, the S.I. of

Police and party found that the accused were indulged in illegal

sand mining. The accused were filling the sand in two country

boats. On seeing the police party, they escaped by swimming

away. The police party some how managed to bring the two

country boats to the shore. The boats were entrusted to the

custody of police constables. On getting information that another

offence of sand mining was being committed in a nearby place,

the S.I. of Police and party went to that place. The allegation is

that before the S.I. of Police could come back to the place, the

accused persons forcibly took away the two country boats and

B.A. No. 7386 / 2009
2

drowned the same in the river.

4. The learned counsel for the petitioners raised a

contention that Rule 27 of the Sand Rules was not followed and

therefore, the seizure of the country boats was illegal. When the

counsel realised about the prejudice that might be caused to the

petitioners if that point were to be decided against them, the

counsel sought to reserve the same to be agitated at the

appropriate stage.

5. 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 do not think that this is a fit

case where anticipatory bail can be granted to the petitioners.

Custodial interrogation of the petitioners may be required in the

case. In the facts and circumstances of the case, I do not think

that the petitioners are entitled to get the discretionary relief

under Section 438 of the Code of Criminal Procedure. If

anticipatory bail is granted to the petitioners, it would adversely

affect the proper investigation of the case.

For the aforesaid reasons, the Bail Application is dismissed.

K.T. SANKARAN, JUDGE

scm