Petitions filed under Section 438 Cr.P.C. 2. Petitioners in B.A.No.8298 of 2014 are A1 and A2 and petitioner in B.A.No.8299 of 2014 is A3 in Crime No.504 of 2014 of Edavanna Police Station, Malappuram District, registered for the offences punishable under Sections 341, 332, 308 and 506(ii) IPC read with Section 34 IPC.
3. The allegation against the petitioners and the other accused is that on 27.10.2014, at 9.40 a.m., while the defacto complainant. Civil Police Officer was on duty near the Road Junction leading to Vellachal Kadavu, the petitioners along with the other accused have wrongfully restrained the defacto complainant. He was caught hold of by one of them and the others severely beat and hit him with iron rods and reaper on which nails are affixed. The Civil Police Officer has sustained very serious injuries in the incident. It seems that he was severely beaten up, thereby he was obstructed from the discharge of his official duties.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. The contents of the CD prima facie reveal the complicity of the petitioners. It has come out that the 1st accused herein is an accused in
(i) Crime No.213 of 2012 of the Edavanna Police Station registered for the offences punishable under Sections 447 and 427 IPC read with Section 34 IPC.
(ii) Crime No.70 of 2013 of the Edavanna Police Station registered for the offences punishable under Section 12 read with Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
(iii) Crime No.707 of 2012 of Nilamboor Police Station registered for the offences punishable under Sections 447, 323 and 354 IPC.
and
(iv) Crime No.285 of 2013 of Nilamboor Police Station registered for the offences punishable under Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
The 2nd accused herein is an accused in
(i) Crime No.14 of 2014 of Edavanna Police Station registered for the offences punishable under Section 12 read with Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
(ii) Crime No.498 of 2014 of the Edavanna Police Station registered for the offences punishable under Section 379 IPC and Section 12 read with Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
and
(iii) Crime No.104 of 2012 of Edavanna Police Station registered for the offences punishable under Section 12 read with Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
In Crime No.104 of 2012, he is convicted and sentenced. It has also been reported that the 3rd accused is an accused in Crime No.556 of 2013 of the Edavanna Police Station registered for the offences punishable under Section 12 read with Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, in which case, non bailable warrant is pending against him from the Judicial First Class Magistrate’s Court, Manjery. The allegations against the petitioners are very grave and serious. The investigation of this case is not over. Considering the seriousness of the allegations against the petitioners, the present stage of the investigation and series of criminal antecedents on the part of the petitioners, I am satisfied that this is not a fit case wherein the discretionary relief of anticipatory bail can be granted to the petitioners.
In the result, these bail applications are dismissed.
Sd/-
B.KEMAL PASHA, JUDGE DSV/25/11 // True Copy // P.A. To Judge