~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1 and 2 in Crime No.1630/2014 of Parappanangadi Police Station registered for the offences punishable under Sections 379, 353 and 279 IPC and Sections 20 and 20(b) of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
3. The allegation against the petitioners is that, on 03.10.2014 at 1.20 a.m. they were found transporting river sand illegally collected from the river without any licence by tipper lorry bearing registration No.KL-11N-32. When the lorry was stopped and the accused were directed to take lorry to the police station, they drove the lorry in high speed towards Tirurangadi side without obeying the directions of the police officers.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioners. It seems that the police officers have chased the lorry, stopped it and recovered the lorry as well as the sand contained in it. There is absolutely nothing to recover from the petitioners. Therefore, it seems that the custodial interrogation of the petitioners is not 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 petitioners.
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 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 Thursdays and Mondays, commencing from 27.11.2014 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) aks/24/11 // True Copy // PA to Judge