Petition filed under Section 438 Cr.P.C. 2. Petitioner is the 3rd accused in Crime No.481 of 2014 of Vazhakkad Police Station, Malappuram District, registered for the offences punishable under Section 379 IPC read with Section 34 IPC and Sections 12 and 20 read with 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
3. The allegation against the petitioner and the other accused is that they were found loading a tipper lorry with sand which was illegally collected from the river without any licence and authorization at 8.15 a.m. on 11.10.2014. On seeing the Police party, they ran away from the spot.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioner. The contents of the CD reveals that the investigation of this case, as far as the present petitioner is concerned, is practically over. The only allegation against the petitioner is that he had aid A1 and A2 in loading the sand in the lorry. Considering the facts and circumstances of the case and the facts narrated above, I am of the view that this is a fit case wherein 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 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 Thursdays and Mondays, commencing from 04.12.2014 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/01/12 // True Copy // P.A. To Judge