Petition under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.762/2014 of Changaramkulam Police Station registered for the offence punishable under Section 379 of the Indian Penal Code.
3. The allegation against the petitioner is that on 10.10.2014 at 5.15 p.m., he was found transporting river sand by his Mini Lorry bearing Reg.No.KL 7 G-9504 and the said sand was stolen from the river, without any license. The sand as well as the lorry, were seized.
4. Heard learned counsel for the petitioner and learned Public Prosecutor. No criminal antecedents have been reported against the petitioner. It seems that the investigation of the case is practically over. As the sand as well as the lorry have been seized, there is no question of any recovery also. Considering the facts and circumstances of the case, 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 14.11.2014 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.
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B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge