Petition filed under Section 438 Cr.P.C.
2. Petitioners are A1 and A2 in Crime No.763 of 2014 of the Changaramkulam Police Station, registered for the offences punishable under Section 379 IPC. The 2nd petitioner is not arraigned as an accused in the said crime.
3. The allegation against the 1st petitioner is that on 10.10.2014 at 5.40 p.m., he was found transporting sand illegally collected from the river without any licence or authorization by lorry bearing registration No.KL-08-G-527. On seeing the Police party, the 1st petitioner ran away from the spot after leaving the lorry and the sand.
4. Heard learned counsel for the 1st petitioner and learned Public Prosecutor. It has been reported that the 2nd petitioner is not an accused in the Crime. Perused the CD.
5. No criminal antecedents have been reported against the 1st petitioner. 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 1st petitioner is not required in the matter as there is nothing more to be recovered. Considering the facts and circumstances of the case and the absence of any criminal antecedents on his part, I am of the view that this is a fit case wherein anticipatory bail can be granted to the 1st petitioner.
In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the 1st petitioner, is directed to enlarge the 1st petitioner on bail in the event of his arrest on each of his 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 1st petitioner 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 1st petitioner shall not tamper with the evidence or influence witnesses.
(iii) The 1st petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The 1st 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.
This bail application as far as the 2nd petitioner is concerned, is closed.
DSV/19/12 // true copy // P.A. to Judge.
Sd/- B. KEMAL PASHA JUDGE