Petition filed under Section 438 Cr.P.C. 2. Petitioner is the 1st accused in Crime No.677 of 2014 of the Sreekrishnapuram Police Station, registered for the offences punishable under Sections 279, 283 and 379 read with Section 34 IPC, Section 20 read with Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 and Section 39 read with Section 192 of the Motor Vehicles Act.
3. The allegation against the petitioner and the other accused is that on 13.10.2014 at 1 p.m., they were found transporting river sand illegally collected from the river without any licence by tipper lorry bearing registration No.KL-10-Y-5753. When the Police party attempted to chase the vehicle, one of the accused came by motor bike bearing registration No.KL-51-B-2039 and obstructed the motor bike being ridden by the Police. The lorry, which was not exhibiting its number plate, was seized by the Police, with the sand being transported by it.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. The investigating officer has reported that the petitioner is the 1st accused in Crime No.316 of 2014 of the Sreekrishnapuram Police Station registered for the offences under Sections 143, 147, 148, 323, 324, 341 and 353 read with Section 149 IPC, wherein the Police party was attacked. It has been reported that in the said case, anticipatory bail through order dated 08.08.2014 in B.A.No.5835 of 2014 was granted to the petitioner by this Court. It seems that the petitioner has violated the bail conditions as he has become an accused in the present case. Considering his criminal antecedents of similar nature and the fact that he has violated the bail condition imposed by this Court, I am of the view that he is not entitled to the discretionary relief of anticipatory bail.
In the result, this bail application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE DSV/09/12 // True Copy // P.A. To Judge