Mohammed Haris vs State Of Kerala And Anr

The applicant is the sole accused in Crime No.318 of 2020 of Pandikkad Police Station, Malappuram, for having allegedly committed offences

punishable under Sections 379 IPC and also under Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand

Act, 2001 (Sand Act). The prosecution case, in brief, is this:

On 27.10.2020, at about 5.35 AM, the Police party intercepted an Omni van bearing reg.No.KL-07-AG/797 and seized illegal river sand from inside

the vehicle. On seeing the Police officers, the driver abandoned the vehicle and fled away from there. The vehicle and the sand were seized. The

applicant apprehends arrest and has therefore approached this court for anticipatory bail.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The applicant has no criminal antecedents. Since the

vehicle and the sand have already been seized, there is no reason for custodial interrogation of the applicant. The applicant is therefore, entitled to pre

arrest bail.

In the result, the application is allowed and the applicant is directed to surrender before the Investigating Officer within two weeks. After

interrogation, in the event of his being arrested, he shall be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty thousand only),

with two solvent sureties, each for the like amount to the satisfaction of the Investigating Officer and on following further conditions:

(i) He shall appear before the Investigating Officer as and when called for and co-operate with the investigation.

(ii) He shall not intimidate or influence witnesses and tamper with evidence.

(iii) He shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed.