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Judgment
K.Haripal, J
The petitioner is the sole accused in Crime No.137 of 2021 of Kuttipuram Police Station in Malappuram district, which was registered alleging
offence 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.
The petitioner moved this Court under section 438 of the Cr.P.C. seeking pre-arrest bail.
It is alleged that on 19.04.2021 at about 11.45 am, while police party was checking vehicles, the petitioner was found transporting illegally mined
river sand in a lorry bearing Registration No. KL-10-AF-4914. Seeing the police party he stopped the vehicle and ran away from the place. The lorry
and the sand were seized under a mahazar; the petitioner has moved this Court when he was called for interrogation.
I heard counsel on both sides.
The petitioner has no criminal antecedents to his credit. The contraband and the vehicle have already been seized, so that custodial interrogation of
the petitioner cannot be insisted.
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/- (fifty thousand rupees 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.