Anticipatory bail can be granted under Section 438 of the Code of Criminal Procedure when necessary conditions for cooperation are imposed.

ORDER

This is an application filed under Section 438 of the Code of Criminal Procedure .

2. When the petition came up for hearing, the learned counsel appearing for the petitioner submitted before me that, the petitioner is apprehending arrest and detention in connection with Crime No.1082/2015 of Pattambi Police Station. It is also submitted that, the petitioner is now arraigned as the 4th accused in the above said crime, which is registered for the offences punishable under Sections 20 and 21 of the Kerala Protection of River Bank and Regulation of Removal of Sand Act and also under Section 379 of the Indian Penal Code .

3. The main submission made before me is that, some sand bags were recovered from a property wherein construction is going on and the owner of the said building was questioned by the police. To escape from the culpability, he said some names. It appears that on the strength of the said statement, now the petitioner is implicated in the said crime. It is the submission that, the petitioner is nothing to do with the above said crime. It is also submitted before me that, as the so called material (sand) is already recovered by the police, no further recovery is warranted.

4. I heard the learned Public Prosecutor. The learned Public Prosecutor submitted before me that, the investigation is only in a primary stage. Interrogation alone will reveal from where the sand is actually collected. Under such a circumstance, it may not be proper to grant anticipatory bail.

5. After considering the totality of the case and all other attending circumstances, I feel that this is a case where anticipatory bail can be granted on the following conditions :

1. The petitioner shall appear before the Investigating Officer within ten days from the date of this order. On such appearance, the Investigating Officer is at liberty to interrogate the petitioner. After interrogation, if the Investigating Officer feels that this is a case where arrest is necessary, he is at liberty to arrest the petitioner. After arrest, if any recovery is necessary that also can be made. Thereafter, the petitioner shall be released on bail on executing a bond for ₹25,000/- (Rupees Twenty thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer concerned.

2. After release on bail, the petitioner shall appear before the Investigating Officer, on written notice.

3. The petitioner shall co-operate with the investigation.

On the above conditions, this anticipatory bail application is allowed.