Petition under Section 438 Cr.P.C. 2. According to the petitioners, they are apprehending arrest in connection with Crime No.841 of 2014 of the Kasargode Police Station.
3. The allegation against the petitioners is that they have transported sand by a lorry without proper records or authorization. The crime has been registered for the offences under Section 420 IPC and Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. Only non-bailable offence alleged is the one under Section 420 IPC. At any stretch of imagination, an offence under Section 420 IPC can be attracted in this case. This is a fit case wherein anticipatory bail can be granted to the petitioners.
4. 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 Tuesdays and Fridays, commencing from 04.11.2014 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.
B.KEMAL PASHA, JUDGE DSV/31/10