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Judgment
16 paragraphs · 297 wordsK.Haripal, J
This is an application filed under Section 438 of the Cr.P.C seeking anticipatory bail. The petitioner is the sole accused in Crime No. 165 of 2021 of
Kuttipuram police station in Malappuram district. The crime was registered alleging offence 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.
It is alleged that on 28-05-2021 at about 05.40 a.m. the petitioner was found illegally transporting sand mined from river in a tipper lorry bearing
registration number KL 08 T 3292 from Alinchuvadu Kadavu to Tavanur side. He was intercepted by the police; seeing the police party he stopped
the vehicle and ran away from the place. The contraband and the vehicle were seized under mahazar. Now the petitioner has moved this court
apprehending arrest.
I heard the learned counsel on both sides.
The learned Public Prosecutor has submitted that he has no criminal antecedents to his credit. It is also stated that the contraband and the vehicle
have already been seized. In the nature of the allegations, custodial interrogation cannot be insisted upon. In the circumstances, the petitioner shall be
at liberty to surrender before the Investigating Officer within ten days from today and will make himself available for interrogation; in the event of
arrest, he shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only)with two solvent sureties each for the like sum to the
satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the
evidence and shall not involve in any crime during the period on bail.
Bail Application is allowed as above.