Bail Appl./8065/2007 of FAISAL Vs STATE OF KERALA on 28 December 2007

O R D E R

In this application filed under Sec. 438 Cr.P.C. the petitioner, who is the sole accused in Crime No.705/2007 of Nilambur PoliceStation for an offence punishable under section 20 of the KeralaProtection of River Banks and Regulation of Removal of Sand Act,2001, seeks anticipatory bail.

2. I have heard the learned counsel for the petitioner andthe learned Public Prosecutor.

3. Having regard to the nature of the allegations levelledagainst the petitioner and the other circumstances of the case, Iam inclined to grant anticipatory bail to the petitioner.Accordingly, a direction is issued to the officer-in-charge of thepolice station concerned to release the petitioner on bail for aperiod of one month in the event of his arrest in connection withthe above case on executing a bond for Rs.10,000/- with twosolvent sureties each for the like amount to the satisfaction of thesaid officer and subject to the following conditions:

1. Petitioner shall report before the Investigating Officerbetween 9 a.m. and 11 a.m. on all Wednesdays.between 9 a.m. and 11 a.m. on all Wednesdays.

2. Petitioner shall make himselves available forinterrogation as and when required by theInvestigating Officer.interrogation as and when required by theInvestigating Officer.

3. Petitioner shall not influence or intimidate theprosecution witnesses nor shall he attempt to tamperwith the evidence for the prosecution.prosecution witnesses nor shall he attempt to tamperwith the evidence for the prosecution.

4. Petitioner shall not commit any offence while on bail.

5. Petitioner shall surrender before the Magistrateconcerned and seek regular bail in the meanwhile.concerned and seek regular bail in the meanwhile.

4. If the petitioner commit breach of any of the aboveconditions, the bail granted to him shall be liable to be cancelled.

This application is allowed as above.

V.K.MOHANAN,

JUDGE.