Petition under Section 438 Cr.P.C. 2. Petitioner is the accused Nos.2 and 3 in Crime No.666 of 2014 of Sreekandapuram Police station, registered for the offences punishable under Sections 379 of the Indian Penal Code and Sections 20 and 21 of the Kerala River Banks Protection and Regulation of Removal of Sands Act.
3. A pick up jeep, being driven by the first accused, was seized on 11.9.2014 by the Police and it was found that the same was loaded with sand. According to the Investigating Officer, the sand was illegally collected by accused Nos.2 and 3 from the river, and thereby committed theft of sand from the river.
4. Heard learned counsel for the petitioners and learned Public Prosecutor. No criminal antecedents have been reported against the petitioners. There is no scope for any recovery in the matter, as the sand has already been recovered. The investigation of the case is practically over. The custodial interrogation of the petitioners is not required for the further investigation of the case. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
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 petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them 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 petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays, commencing commencing from 7.11.2014 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.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge