ORDER

This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.

2. The petitioner is an accused in Crime No.617/2021 of Valancherry Police Station. The offences alleged are under Section 379 of IPC and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act , 2001.

3. The prosecution case in short is that on 29.11.2021 at about 7.00 pm., the petitioner was found transporting river sand illegally in a lorry bearing registration No.KL/07 AY 8273 and thereby committed the offence.

4. Heard both sides and perused the case diary.

5. The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.

6. The offence under Sections 20 and