Petition filed under Section 438 Cr.P.C. 2. Petitioner is the 2nd accused in Crime No.1439 of 2014 of Perinthalmanna Police Station, registered for the offences punishable under Section 379 IPC read with Section 34 IPC 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 and the other accused is that on 27.10.2014 at 00.30 a.m., they had loaded lorry bearing registration No.KL-11-U-4354 with sand illegally collected from the river without any licence and authorization and the 1st accused was seen driving the lorry. The 1st accused was arrested and subsequently, he was enlarged on bail. The lorry and the sand have been recovered and seized.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner has pointed out that the petitioner was not present at the spot even according to the Police and that he is the registered owner of the lorry and that the lorry was entrusted with the driver, who is the 1st accused. When he has not participated in transporting the river sand as alleged, I am of the view that his custodial interrogation is not required in connection with the continued investigation of this case. It seems that the investigation of this case is practically over. The lorry and the sand have been recovered. Considering all the above, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
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 petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his 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 petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays, commencing from 04.12.2014 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 DSV/01/12 // True Copy // P.A. To Judge