Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 31ST DAY OF MARCH 2022 / 10TH CHAITHRA, 1944 CRIME NO.40/2022 OF TIRUR POLICE STATION, MALAPPURAM DISTRICT PETITIONER/ACCUSED: AFSAL.V., AGED 29 YEARS, S/O.SAIDALIKUTTY.V., VARIKKODAN, POOVANCHINA, RANDATHANI, MARAKKARA, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 510. BY ADVS. BINU V V S.K.PREMJITH MENON RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. (IN CRIME NO.40/2022 OF TIRUR POLICE STATION, MALAPPURAM DISTRICT). BY SRI. T.R. RANJITH (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for anticipatory bail.
2. The petitioner is the sole accused in Crime No.40 of
2022 of Tirur Police Station, Malappuram District, alleging commission of offences 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 (hereinafter referred to as the 'Sand Act' for short).
3. The allegation against the petitioner is that on
09.01.2022 at about 03.00PM, the petitioner was found transporting illegally mined river sand in violation of the provisions of the Sand Act in vehicle bearing Registration No.KL 11 R 0280.
4. The learned counsel for the petitioner would submit
that the petitioner is absolutely innocent in the matter. It is submitted that the vehicle and the sand have been seized by the police. It is submitted that the custody of the petitioner is not required for the purposes of any investigation.
5. The learned Public Prosecutor on instructions would
submit that though the sand and the lorry have been seized by the police, the presence of the petitioner is necessary for interrogation to complete the investigation into the case.
6. Having regard to the facts and circumstances of the
case and considering the fact that the lorry and the sand have been recovered by the police party, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.
7. In the result, this bail application is allowed. It is
directed that the petitioner shall be released on bail, in the event of his arrest in connection with Crime No.40 of 2022 of Tirur Police Station, Malappuram District, subject to the following conditions:-
(i)The petitioner shall surrender before the investigating officer on or before 05.04.2022. If the investigating officer decides to arrest the petitioner, after recording his arrest, he shall be produced on the same day before the Jurisdictional Court, where he shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum, to the satisfaction of that court;
(ii) Petitioner shall report before the Investigating officer in Crime No.40 of 2022 of Tirur Police Station, Malappuram District as and when called upon to do so;
(iii) Petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in Crime No.40 of 2022 of Tirur Police Station, Malappuram District, may file an application before the jurisdictional Court for cancellation of bail. Communicate a copy of this order to the District Collector, Malappuram, who shall ensure that expeditious steps are taken to complete the confiscation proceedings under the Sand Act. Sd/- GOPINATH P. JUDGE DK