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Judgment
K.Haripal, J
The petitioner is the sole accused in Crime No.36/2021 of Vazhakkad Police Station in Malappuram district, which has been registered alleging
offence punishable under Sections 379 of the Indian Penal Code and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of
Removal of Sand Act 2001.
It is alleged that on 25.02.2021 at about 05.20.a.m, while the police party were on patrol duty, a lorry bearing registration No. KL-05W 4196 was
found transporting river sand. On interception, the driver ran away from the place. The lorry and the sand were seized under a mahazar and the crime
was registered. Now apprehending arrest, the petitioner has moved this Court under Section 438 of the Cr.P.C.
Heard the learned counsel on both sides.
Learned Public Prosecutor has submitted that he has no criminal antecedents.
The contraband and the vehicle have already been seized under a mahazar. In the nature of the allegations, custodial interrogation of the petitioner
cannot be insisted upon.
Therefore, 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.