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Judgment
K.Haripal, J
The petitioner, who is the second accused in Crime No.669/2021 of Pathanamthitta police station, has moved this Court under Section 438 of the
Cr.P.C., apprehending his arrest.
According to the petitioner, he is apprehending arrest, since on the premise that he had forged a transit pass of crusher dust, which was intended to
be transported from Kannamthanam in Pathanamthitta District to Karunagappally. The learned counsel submits that petitioner holds valid pass for the
transportation and what all be misdemeanours committed by the first accused cannot be used against him.
I heard the learned counsel for the petitioner and also the learned Public Prosecutor.
According to the learned Public Prosecutor, there were clear allegations against the petitioner and the other two accused persons and offence
under Sections 461, 468 and 471 IPC besides under the provisions of the MMDR Act are alleged against the petitioner and others.
After hearing counsel on both sides and having regard to the nature of the offence, I am not convinced that the petitioner needs to be interrogated in
custody.
Therefore, the petitioner, if so advised, shall 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 a 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.
This bail application is allowed as above.