Harif vs State Of Kerala

This is an application for anticipatory bail under Section 438 of Cr.P.C.

The applicant is the 6th accused in Crime No.375/2020 of Nilambur Police Station for having allegedly committed the offences punishable under Sections 307, 332, 353 and 327 read with Section 34 of the I.P.C. and under Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of sand Act.

The prosecution case, in brief, is that on 22.07.2020 at about 12.35 AM, the applicant along with other co-accused, totalling six in number, obstructed the de facto complainant, a Civil Police Officer and his colleagues from discharging their public duty while they were in the process of intercepting a lorry which was allegedly transporting river sand and they forcibly took away the lorry.

The applicant states that he is innocent and the allegations are not true and that accused 1 to 5 were already apprehended and thereafter produced before the jurisdictional court and granted regular bail. The applicant has been implicated due to a mistaken identity since he was involved in another case of similar nature for transporting of illegal sand. He has only come out of his house to see what was happening and was not actively involved and has been falsely implicated in this case, and therefore, he seeks anticipatory bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor vehemently opposes the application on the ground that the applicant is involved in three other cases of sand mining. He is a notorious in that field and in the instant case he had attacked the police officers, who had attempted to intercept the lorry which was carrying illegal sand and attempted to commit murder by hitting the vehicle in which the officers were travelling. The allegation against the applicant is very grave. Whether it is a case of mistaken identity, is a matter which needs to be decided during trial. Therefore, the applicant is not entitled to the extraordinary and exceptional remedy of anticipatory bail in this case. Hence, the applicant is directed to surrender before the investigating officer within two weeks. In the event of his being arrested, after interrogation and recovery, if any, he shall be produced before the jurisdictional court, where he is at liberty to apply for regular bail, which shall be considered and disposed of preferably on the same day.