Petition under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.1474 of 2014 of the Tirur Police Station registered for the offences punishable under Sections 379 read with Section 34 of the Indian Penal Code and Sections 20 and 23 of Kerala Protection of River Banks and Regulation of Removal of Sand Act.
3. The allegation against the petitioner is that on 5.11.2014 at 5 a.m., he was found sitting in a lorry bearing Reg.No.KL-17C 4359 near the pump House at Perunnallur, loaded with sand illegally collected from the river. On seeing the police party, the petitioner ran away from the spot after leaving the lorry loaded with sand.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. No criminal antecedents have been reported against the petitioner. The investigation of this case is practically over. There is nothing else to be recovered as the vehicle and sand were recovered. Considering the facts and circumstances of this case, I do not think that the custodial interrogation of the petitioner is required for the continued investigation of this case. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
5. 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 his 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 Fridays and Tuesdays, commencing from 28.11.2014 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 dl // TRUE COPY // PA to Judge