(1.) Petitioner who is the 3rd accused in Crime No. 563 of 2006 of Aranmula Police Station for offences punishable under Sections 20 and 21 of the Kerala River Bank Protection and Sand Mining Regulation Act and Rule 48 K and 58 (1) of the Kerala Minor Mineral Concession Rule and Sections 279 and 308 read with Sec. 34 I.P.C., seeks anticipatory bail. Subsequently Sec. 353 I.P.C. also been added.
(2.) I heard both sides. The learned Public Prosecutor opposed the application.
(3.) The petitioner is alleged to be an active member of the sand mafia in that locality. On the date of occurrence, namely, on 29-10-2006 at 10.30 p.m. the role of the petitioner was to drive a motor bike with A4 as his pillion driver and they were actively assisting the mini lorry in which illicit transportation of sand was being done.