IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 Bail Appl..No. 5394 of 2009 CRIME NO.755 OF 2009 OF TIRUR POLICE STATION, MALAPPURAM. PETITIONER/ACCUSED: --------------------------------------- C.P.AYAMMU, S/O.KUNHIKUTTU, CHAKKALIPARAMBIL HOUSE, THIRUNAVAYA, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE: --------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5394 OF 2009 ------------------------------------------------------ Dated this the 11th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.755 of 2009 of Tirur Police Station. 2. The offence alleged against the petitioner is under Clause 4 (a) of the Liquefied Petroleum Gas (Regulation of Distribution and Supply) Order, 2000. 3. The prosecution case is that the Taluk Supply Officer, Tirur conducted a search in the residence of the petitioner and, on such search, several gas cylinders of Hindustan Petroleum, certain empty gas cylinders, three motors, etc. were seized. The prosecution case is that the petitioner used to engage himself in filling gas in cylinders using the cylinders belonging to Hindustan Petroleum and with the help of the motors and accessories found in the place. There are gas cylinders intended for supply to domestic consumers alone. It is alleged that the petitioner used to take gas out of such cylinders B.A. NO. 5394 OF 2009 :: 2 :: and transfer the gas to other cylinders and even to motor cars. The petitioner does not have the licence to keep possession of the gas cylinders. He is not authorised to deal with the same. 4. In the facts and circumstances of the case, I do not think that this is a fit case where the discretionary relief under Section 438 of the Code of Criminal Procedure can be granted in favour of the petitioner. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/