LATHEEF IBRAHIM Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS who are accused Nos.1 and 2 in Crime No.380/2006 of Koipuram Police Station for offences punishable under secs.20 and 21 of the Kerala River Bank Protection and Sand Mining Regulation Act, 2001 and sec.3 of the Prevention of Damage to Public Property Act, seek anticipatory bail. In fact the petitioners had preferred B.A.280/2007 before this court seeking the very same relief and this court was not inclined to grant anticipatory bail to the petitioners who were directed to surrender before the magistrate concerned and seek regular bail. Without complying with the said direction, the petitioners have filed the present application again seeking anticipatory bail. Anticipatory bail cannot be granted in a case of this nature. Accordingly, the petitioners are given one more opportunity to surrender before the magistrate concerned on or before 13.2.2007 and seek regular bail. If and when an application for regular bail is filed by the petitioners before the magistrate, it shall be open to the petitioners to raise the contention that the offence under the PDPP Act was incorporated only after 43 days of detection.