Petition filed under Section 438 Cr.P.C.
2. Petitioners are A2 and A3 in Crime No.956 of 2014 of the Neeleswaram Police Station, registered for the offences punishable under Section 379 IPC and Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
3. The allegation against the petitioners and the other accused is that on 27.11.2014 at 9.10 a.m., they were found transporting sand illegally collected from the river without any licence or authorization by a mini lorry bearing registration No.KL-14-8217. On seeing the Police party, A2 and A3 ran away from the spot after leaving the mini lorry and the sand.
A1 was arrested on the spot.
4. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the CD.
5. The contents of the CD prima facie reveal the complicity of the petitioners. It seems that the sand illegally collected and the vehicle, have been seized in the case. Investigation of the case is practically over. Custodial interrogation of the petitioners is not required in the matter as there is nothing more to be recovered. Considering the facts and circumstances of the case and the present stage of the investigation, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
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 Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each 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 09.00 a.m. and 11.00 a.m. on all Tuesdays and Fridays commencing from 23.12.2014 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.
DSV/19/12 // true copy // P.A. to Judge.
Sd/- B. KEMAL PASHA JUDGE