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Judgment
K.Haripal, J
In this application filed under Section 438 of the Cr.P.C, the sole accused in Crime No.162/2021 of Kuttipuram Police Station in Malappuram
district, seeks his pre-arrest bail.
The allegation is that, on 23.05.2021, at about 08.00 a.m, while police party were checking vehicles, they came across lorry bearing registration
No.KL-27 A-539 illegally transporting sand, mined from river in the vehicle. When intercepted, the driver stopped the vehicle and ran away. The lorry
and the contraband were seized under a mahazar and the crime was registered alleging offence punishable under Section 379 of the IPC and Sections
20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. Now apprehending arrest, he has moved this Court.
The vehicle as well as the sand have already been seized under a mahazar. In the circumstance, custodial interrogation of the petitioner is not
necessary. The petitioner does not bear any criminal antecedents to his credit. Thus he is at liberty to surrender before the Investigating Officer within
ten days from today. 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.