FAYIS EK Vs. STATE OF KERALA

JUDGEMENT

(1.) B.A.No.4774/2020 is for regular bail under Section 439 of the Cr.P.C, the applicants are accused 1, 4, 3 and 5 respectively. BA No.4681/2020 is an application under Section 438 Cr.P.C for anticipatory bail filed originally by all the accused. All the accused except A2 and A6 were arrested and hence the anticipatory bail now concerns only applicants 2 and 4, who are accused 2 and 6 respectively. The bail applications are filed in Crime No.375/2020 of Nilambur Police Station, Malappuram, for having allegedly committed offences punishable under Sections 332 , 353 and 307 r/w Section 34 of the IPC, and under Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Except for A2 and A6, all others were arrested and hence, they have approached this Court for regular bail by filing BA No.4774/2020. The 6th accused had approached the Sessions Court for anticipatory bail and has been granted interim bail by that court. Hence, his application for anticipatory bail also need not be considered by this Court. Hence what this Court is presently going to consider is the regular bail application filed by A1, and A3 to A5 and the anticipatory bail application of the 2nd accused.

(2.) The prosecution case, in brief, is that on 22.07.2020 at about 12.35 a.m, the defacto complainant who is the CPO attached to the Nilambur Police Station, and another CPO were conducting night patrol duty on motorcycles. They noticed a lorry bearing Reg.No.KL 10W 9599 along the riverside filled with stolen river sand in violation of the aforesaid provisions of the Act. while they were attempted to be intercepted, the 1st accused sitting behind the wheel, dashed against the motorcycle, causing damage to the motorcycle, and injuries to the defacto complainant and the other CPO. Consequently, the 1st accused fled away from the scene. Thereafter, the remaining accused were brought. They were armed with deadly weapons like iron rods and sticks. They snatched the key of the lorry in possession of the policemen, intimidated and assaulted them, causing hurt to them and attempted to commit murder preventing them from carrying on their duty as public servants.

(3.) Heard the learned counsels for the applicants and the learned Public Prosecutors.