ORDER

This application seeking pre-arrest bail filed under section 438 of the Code of Criminal Procedure is by the accused in Crime No.306 of 2021 of Tirur Police Station registered under Section 379 of the IPC and under Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act , 2001.

2. The crux of the prosecution allegation is that on 30.4.2021 at 11.30 pm., a tipper lorry bearing Reg. No.KL-42-5552 was found transporting river sand. The lorry was intercepted by the Sub Inspector of Police, Tirur Police Station. On seeing the police personnel, the driver jumped out from the lorry and took to his heels. The vehicle along with the river sand were seized and the crime was registered.

3. The learned counsel appearing for the applicant asserted that the applicant is innocent. According to the learned counsel, the applicant has nothing to do with the vehicle and he was roped in purely on the basis of suspicion.

4. This submission is vehemently opposed by the learned Public Prosecutor who refers to the case diary and submitted that investigation specifically points to the complicity of the applicant.

5. Act 18 of 2001 was enacted to curtail the indis