Petition under Section 438 Cr.P.C.
2. Petitioner is the 2nd accused in Crime No.386/2014 of Kumbala Police Station registered for the offences punishable under Sections 468, 471 and 420 IPC, Section 4(1) (a) read with Section 21(1) of the Mines and Minerals (Development and Regulation) Act 1957 and Sections 162 read with 177 of the Motor Vehicles Act.
3. The allegation against the petitioner is that he along with the other accused were found transporting sand on 23.07.2014, by a vehicle bearing registration No.KL-11- D-9735, from the State of Andhra Pradesh to the State of Kerala by making use of forged documents.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. It is an admitted case that the sand was being brought from the State of Andhra Pradesh. It seems that the same had passed through several check posts. Exhibit A6 is the true copy of the receipt dated 23.07.2014 for payment of tax at the check post, Manjeshwaram. The case of the Police is that the documents enabling the transport were forged in some particulars. It is true that the lorry load had passed through several check posts and tax was also paid for the same. There is no case that they had collected sand from Kerala and by making use of such forged documents, the same has been transported. It seems that the investigation of the case is practically over. Custodial interrogation of the petitioner is not required for the continued investigation of the case. Matters being so, I am of the view that the anticipatory bail can be granted to the petitioner.
6. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays, commencing from 27.10.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/- B. KEMAL PASHA, JUDGE DSV/20/10 // True Copy // P.A. To Judge