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Judgment
This petition is filed under Section 438 of the Code of Criminal Procedure.
The petitioner herein is the accused in Crime No.20 of 2018 of the Payyoli Police Station, registered under Sections 20 and 23 of the Kerala
Protection of River Banks and Regulation of Removal of Sand Act and Section 379 of the IPC.
Prosecution allegation is that on 10.1.2018 at about 6.15 pm, the Sub Inspector of Police of the Payyoli Police Station intercepted a LMV
goods carriage and on inspection it was found that illegally mined river sand was being transported without any permit or license. When the vehicle
was intercepted, the driver fled from the scene. Being the registered owner of the vehicle, the petitioner was arrayed as the accused. The
contention of the learned counsel appearing for the petitioner is that he is totally innocent of the allegations. His marriage is fixed on 18.4.2018 and
the vehicle was entrusted with a driver who was operating the same. The acts were done without the consent, knowledge or concurrence of the
petitioner is the submission.
The learned Public Prosecutor has opposed the prayer. The investigation clearly points to his involvement and highlighting the gravity of the
crime, it is prayed that the petitioner be not armed with an order of pre-arrest bail lest it affect the investigation. However, it is submitted that no
other crimes are reported against the petitioner.
I have considered the submissions advanced and have gone through the case diary. The petitioner was not caught redhanded by the police. The
only reference in the mahazer is that a thickly set dark man had fled on seeing the police.
Having regard to the nature and gravity of the allegations, the materials in support thereof, the antecedents and attendant facts, the custodial
interrogation of the petitioner does not appear to be necessitous for an effective investigation.
In the result, this petition will stand allowed. The petitioner shall appear before the investigating officer within ten days from today and shall
undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.40,000/-
(Rupees forty thousand only) with two solvent sureties each for the like sum. This order shall be subject to the following conditions.
i)The petitioner shall co-operate with the investigation and shall appear before the Investigating Officer on every Saturday between 10 a.m. and 1
p.m. for a period of one month or till final report is laid , which ever is earlier.
ii)The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to
dissuade him/her from disclosing such facts to the court or to any police officer.
iii)The petitioner shall not commit any similar offence while on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if
any, and pass appropriate orders in accordance with the law.