Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the accused in Crime No.873 of 2014 of the Ponnani Police Station registered for the offences punishable under Section 379 of the Indian Penal Code and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.
3. The allegation against the petitioner is that on 14.10.2014 at about 06.10 a.m. he was found transporting sand by his goods autorickshaw bearing registration No.KL- 54/335 after committing theft of sand from Kailasamkulam Jim road kadavu. The vehicle and 20 bags of sand found in it were seized.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The subject matter of the offence has been seized.
The vehicle used for transporting the sand was also seized. No criminal antecedents have been reported against the petitioner. The investigation of this case is practically over. Custodial interrogation of the petitioner is not required for any purpose at all. Considering all the above, I am of the view that this is a fit case wherein anticipatory bail can be granted to the 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 petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on 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 petitioner shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Saturdays and Wednesdays commencing from 01.11.2014 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.
AS /True Copy/ P.A. to Judge