Petition filed under Section 438 Cr.P.C. 2. Petitioners are A2 and A1 respectively in Crime No.901 of 2014 of Nallalam Police Station, registered for the offences punishable under Section 379 IPC read with Section 34 IPC and Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand (Amendment) Act, 2013.
3. The allegation against the petitioners is that on 05.11.2014 at 10.15 a.m., the petitioners were found keeping river sand in their possession, which was collected from the river illegally without any licence.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. The learned Public Prosecutor has reported that the 1st accused, who is the 2nd petitioner herein, is a habitual offender involved in a series of sand theft cases. He is accused in eight other similar criminal cases. At the same time, no criminal antecedents have been reported against the 1st petitioner. Considering the facts and circumstances of the case and the present stage of the investigation, I do not think that the custodial interrogation of the 1st petitioner is not required for the continued investigation of this case. Therefore, anticipatory bail can be granted to the 1st petitioner. At the same time, the 2nd petitioner, who is a habitual offender, is not entitled to the discretionary relief of anticipatory bail.
6. In the result, this bail application is allowed in part and the investigating officer or such other police officer, who is conducting the arrest of the 1st petitioner, is directed to enlarge the 1st 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 1st petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Tuesdays and Fridays, commencing from 02.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The 1st petitioner shall not tamper with the evidence or influence witnesses.
(iii) The 1st petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The 1st 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.
This bail application, as far as the 2nd petitioner is concerned, is dismissed.
DSV/28/11 Sd/-
B.KEMAL PASHA, JUDGE // True Copy // P.A. To Judge +++