The court granted pre-arrest bail due to insufficient evidence and established precedent, emphasizing the necessity of cooperation with the investigation.

ORDE R

The application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, ' BNSS '), for an order of pre-arrest bail

2. The petitioner is the sole accused in Crime No.535/2024 of the Koppam Police Station, Palakkad, which is registered against him for allegedly committing the offence punishable under Section 303 (2) of the Bharatiya Nyaya Sanhita, 2023 , (for short, ‘ BNS ’) and Sections 20 and 23 of the Kerala Protection of River Banks and Regulations of Removal of Sand Act, 2001 ( in short, the Act).

3. The crux of the prosecution case is that: on 03.10.2024, at 6:00 hours, the accused was transporting three bags of river sand on his scooter. On seeing the Detecting Officer and party the accused fled away from the scene. Thus, the accused has committed the above offences.

4. Heard; Binu V V Veettil Valappil,the learned counsel appearing for the petitioner and Smt. Pushpalatha M.K., learned Senior Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner is innocent of the accusations levelled against him. There is no material to substantiate that the petitioner has committed the above offences. By order in B.A.No.2430 of 2022 , Court has categorically held that the offence under Section 379 of the IPC will not be attracted in a case of this nature. The petitioner’s custodial interrogation is not necessary, and no recovery is to be effected. Hence, the application may be allowed.

6. The learned Public Prosecutor opposed the application. She submitted that the investigation is in progress. She also stated that, if the petitioner is granted an order of pre-arrest bail, it would hamper the investigation. Hence, the application may be dismissed. Nonetheless, she did not dispute the fact that the petitioner does not have any criminal antecedents.

7. By order in B.A.No.2430 of 2022 , this Court has observed that, the offences under Sections 20 and 23 of the Kerala Protection of River Banks and Regulations of Removal of Sand Act, 2001 are bailable in nature, and when there is special law covering the question of theft of river sand, the offence under the Indian Penal Code will not apply. It was considering the said question of law, this Court granted the petitioner therein an order of pre-arrest bail. I find that the petitioner is similarly situated to the petitioner in the said order and is entitled to parity.

8. On an overall consideration of the facts, the rival submissions made across the Bar, and the materials placed on record, particularly on considering the law laid down by this Court in the above order, I am of the firm view that the petitioner has made out valid grounds to invoke the discretionary jurisdiction of this Court under Section 482 of the BNSS . Hence, I hold that the petitioner is entitled to an order of prearrest bail; subject to the condition that the petitioner co-operates with the Investigating Officer.

In the result, the application is allowed subject to the following conditions:

(i) The petitioner is directed to surrender before the Investigating Officer within 10 days from today.

(ii) In the event of arrest of the petitioner, the Investigating Officer shall release the petitioner on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like amount each;

(iii) The petitioner shall appear before the Investigating Officer for interrogation, as and when directed by the Investigating Officer.

(iv) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(v) The petitioner shall surrender his passport before the Jurisdictional Court concerned within a period of one week from the date of his release on bail. If he has no passport, he shall file an affidavit to the effect before t