Shamnad vs State Of Kerala

This is an application for anticipatory bail under Section 438 of Cr.P.C.

The applicant is the sole accused in Crime No.528/2020 of Areacode Police Station for having allegedly committed the offences punishable under

Section 379 of the I.P.C. and under Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

The prosecution case, in brief, is that on 22.10.2020 at about 12.30 AM, the police party intercepted a lorry bearing Reg.No.KL-55-D-1600 while

transporting illegal river sand. On being intercepted by the police, the driver abandoned the lorry and fled away.

The applicant submits that he is totally ignorant about the allegations made and that the police party has not properly identified who has committed

the offence and has not seen the person who ran away from the lorry. The applicant apprehends arrest and approaches this Court for anticipatory

bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

The sand and the lorry have already been seized by the police, and therefore, custodial interrogation of the applicant may not be necessary. As

admitted by the learned Public Prosecutor, the applicant has no other criminal antecedents. Hence, he is entitled to a pre-arrest bail.

In the result, the bail application is allowed and the applicant is directed to surrender before the investigating officer within two weeks. After

interrogation and 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 for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

(i) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) He shall appear before the investigating officer as and when called for and shall cooperate with the investigation; and

(iii) During the bail period, he shall not get involved in any similar offences.

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