Shahul Hameed K vs State Of Kerala

The applicant is an accused in Crime No.300 of 2020 of Kadampuzha Police Station, Malappuram District for having allegedly committed offences

punishable under Section 379 read with Section 34 of 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 that on 29.11.2020 at about 5.25 p.m. the police party intercepted a Mini Tipper lorry bearing registration No.KL 11

V 4278 for having allegedly transported illegal sand. The driver of the lorry fled away. The applicant apprehends arrest and has approached this Court

seeking an order of pre-arrest bail.

Heard the learned counsel for the applicant and the learned public prosecutor.

The learned public prosecutor submits that the lorry as well as sand have already been seized and therefore the custodial interrogation of the

applicant is not necessary in this case and if the applicant is granted bail by this Court, stringent conditions may be imposed.

Since the vehicle as well as sand have already been seized, I think, the custodial interrogation of the applicant is not necessary in this case. Hence,

this bail application is allowed. The applicant is directed to surrender before the investigating officer within two weeks from today. After interrogation,

if the applicant is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.50,000/-(Rupees Fifty thousand only)

with two solvent sureties each for the like sum to the satisfaction of the investigating officer and on the following conditions:

(i) The applicant shall appear before the Investigating Officer as and when called for.

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

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

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