Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.3, 1 and 2 respectively in Crime No.960 of 2014 of Cherpulassery Police Station registered for the offences punishable under Sections 379 IPC read with 34 IPC and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of removal of Sand Act.
3. The allegation against the petitioners is that on 06.11.2014 at 9.30 p.m, a 407 tempo lorry showing different registration Nos. in an abandoned condition at Kalikavu road and the same was loaded with river sand illegally collected from the river. The motor vehicle which was piloting the lorry was also abandoned on seeing the police party.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioners. The investigation in this case is practically over and nothing has to be recovered from the petitioners. The vehicles involved and the contraband have been seized. Considering the facts and circumstances of the case and in the absence of any criminal antecedents on their part, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
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 petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them 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 petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays, commencing from 12.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The petitioners 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.
B.KEMAL PASHA, JUDGE
sj9/12