Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the accused in Crime No.906 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 24.10.2014 at about 04.30 a.m., he was found transporting river sand illegally collected from the river without any licence, by his Ape Truck bearing registration KL-58-D-472. On seeing the Police, he abandoned the vehicle and ran away from the spot. The vehicle and the load of sand were seized.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The investigation of the case is practically over.
There is nothing more to be recovered in this case. Custodial interrogation of the petitioner is not required for the continued investigation of the case. No criminal antecedents have been reported against the petitioner. Considering the facts and circumstances of the case and the present stage of investigation, 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 Fridays and Tuesdays commencing from 05.12.2014 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.
AS // True Copy // P.A. To Judge