IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Bail Appl..No. 4568 of 2008() ----------------------------- CRIME NO.433/2008 OF VAIKOM POLICE STATION PEITIONERS/ACCUSED:- ------------------------------------- 1. RANEESH P.S. AGED 22 YEARS, S/O SIVARAMAN, PONNATHIYIL HOUSE, NADAKKAVU P.O., UDAYAMPEROOR, ERNAKULAM DISTRICT. 2. P.R. GAGANAN, AGED 49 YEARS, S/O LATE RAGHAVAN, PONNATHIYIL HOUSE, NADAKKAVU P.O.,UDAYAMPEROOR, ERNAKULAM DIST. BY ADV. SRI.C.C.THOMAS (SR.) RESPONDENT: COMPLAINANT ------------- 1. THE SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION, KOTTAYAM DISTRICT. 2. THE TALUK SUPPLY OFFICER, VAIKOM, KOTTAYAM DISTRICT. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4568 of 2008 --------------------------------------- Dated this the 30th day of July, 2008 O R D E R This petition is for anticipatory bail. 2. According to the prosecution, the petitioners have committed offence under Section 7 of the Essential Commodities Act and also violated LPG Supply and Distribution Order 2000, by carrying 11 LPG gas cylinders (commercial) without any bill in an autorickshaw. 3. Learned counsel for the petitioners submitted that no offence is committed except the fact that the driver of the autorickshaw was not able to readily make available the bill relating to the LPG gas cylinders found in the autorickshaw. First petitioner is the driver of the autorickshaw and second petitioner is the owner of the autorickshaw, who is also the distributor of the LPG gas cylinder. Annexure C is the certificate which shows that the second petitioner has the authority to distribute the commercial cylinders in certain places and the autorickshaw is also having the permit. Copy of the permit is marked as Annexure D. The letter issued from Rashmi Gas is BA No.4568/08 2 marked as Annexure E which shows that the cylinders happened to be given for distribution, on consumers demands, even before the office was opened on 5.4.2008. They have certified that the cylinder are genuine and those were taken from the godown. 4. Learned public prosecutor submitted that he has no objection in granting anticipatory bail to the petitioners on conditions. Hence, the following order is passed: (1) Petitioners shall surrender before the Investigating officer and make themselves available for interrogation. (2) Thereafter, in case of arrest of the petitioners, if any, petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that they will co-operate with the investigation and report before the Investigating officer as and when directed. The petition is allowed. K.HEMA, JUDGE csl