SHAREEF ALI P.K vs THE SUB INSPECTOR OF POLICE

1.Petitioner is the accused in crime no.501/2017. It

was registered at the Mannarkad police station. The

offences alleged against him are those punishable

under Sec.379 of IPC and Sec.20 of the Kerala

Protection of River Banks and Regulation of Removal

of Sand Act.

2.The prosecution case is as follows : The sub-

inspector of police and party were on patrol duty

on 8.8.2017. At about 4.00 pm on that day when they

reached Kanjirayi Kadavu at Pombra, they saw a

tipper lorry, which bore registration no.KL-5-W-

9532, parked near the said kadavu. When the police

party approached the tipper lorry, a person who was

standing near the lorry ran away.

3.Heard the learned counsel for the petitioner and

the learned public prosecutor.

4.Admittedly the petitioner is the registered owner

of the tipper lorry which was seized with sand by

the police. That apart, it seems, the investigating

agency did not get any material so far against the

petitioner. I do not consider, in these

circumstances, detention of the petitioner

absolutely necessary for an effective investigation

of the case. I am therefore inclined to grant bail

under Sec.438 of Cr.P.C .

5.The application is allowed. If arrested in

connection with crime no.501/2017 of Mannarkad

police station, the petitioner shall be released on

bail after interrogation, if any, on his executing

a bond for Rs 50,000/- (fifty thousand only) with

two solvent sureties each for the like sum to the

satisfaction of the investigating officer. The

petitioner shall co-operate with the investigation.

He shall make himself available for interrogation

as and when required by the investigating officer.

The petitioner shall not intimidate or attempt to

influence witnesses. Nor shall he destroy or tamper

with evidence. He shall not attempt to interfere

with the investigation. The court concerned is

hereby empowered to cancel the bail in accordance

with law if any of the above conditions is

violated. If the petitioner surrenders before the

court concerned, this order shall have no effect

and the court concerned will pass appropriate

orders as if this order has not been passed.