Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioners are the accused in Crime No.567/2014 of the Sreekrishnapuram Police Station registered for the offences punishable under Sections 353, 506(ii) and 427 read with Section 34 IPC and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
3. On 29.08.2014 at 11.30 a.m., the de facto complainant, who is a senior civil police officer, along with another senior civil police officer and a civil police officer, had occasion to see the illegal collection of sand from Karimpuzha river by the petitioners into the country boat belongs to the petitioners. The police officers seized the implements and the country boat. The de facto complainant police officer entered inside the country boat. The petitioners demanded the release of the country boat. As the demand was turned down, the petitioners cut the rope, by which the country boat was tied to a tree, pushed the country boat into the river and got it capsized in the river. The de facto complainant jumped into B.A.No.8281 of 2014 2 the water, swam and escaped.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor and perused the CD.
5. The contents of the CD, prima facie, reveal the complicity of the petitioners. The allegations against the petitioners are very grave and serious.
6. The petitioners had earlier moved this court for anticipatory bail, and the said application was dismissed. Learned counsel for the petitioners has pointed out that A2, was subsequently arrested, detained and enlarged on bail and therefore, there is a change of circumstance at present. The same cannot be treated as a change of circumstances at all. Considering the seriousness of the allegations against the petitioners and the present stage of the investigation, I am of the view that this is not a fit case wherein anticipatory bail can be granted to the petitioners.
In the result, this Bail Application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge