Grant of bail based on the absence of sufficient grounds for continued detention pending trial.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the sole accused in Crime No.983/2025 of Kuttipuram Police Station, Malappuram District. The offences alleged are punishable under Section 303 (2) of the Bharatiya Nyaya Sanhita , 2023 (for short, BNS ), Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act , 2001 and Section 132 read with Section 179 of the Motor Vehicles Act , 1988.

3. The prosecution case, in short, is that at about 04.30 a.m., on 04-10-2025, at Kadakasseri, the applicant was found transporting river sand without permit in a lorry bearing Registration No.KL-54-0422 through Madiraseri- Kadakasseri public road. When the defacto complainant signalled to stop the vehicle, the applicant did not stop the vehicle and the defacto complainant followed him. The applicant stopped the vehicle and took to his heels. Thus, the applicant is alleged to have committed the aforementioned offences.

4. I have heard Sri.Neeraj Krishna Kumar, the learned counsel for the applicant and Sri.U.Jayakrishnan, the learned Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 14.11.2025. The investigation is almost over and recovery has been effected. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-