IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 8626 of 2011() ----------------------------- CRIME NO.969/2011 OF VALAPAD POLICE STATION, THRISSUR .................... PETITIONER/2ND ACCUSED -------------------------------- JINADAS, AGED 40 YEARS, S/O.RAMAKRISHNAN, KOZHIPARAMBIL HOUSE, EDAMUTTOM DESOM, VALAPPAD VILLGE, CHAVAKKAD TALUK. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8626 of 2011 --------------------------- Dated this the 28th day of November, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.969 of 2011 of Valapad Police Station, Thrissur District. 2. The offences alleged against the accused are under Section 285 of the Indian Penal Code, Section 118(e) of the Kerala Police Act, Section 7(i) and (ii) of the Essential Commodities Act, Section 9B(1) of the Explosives Act and Section 4(1)(a) of the LPG Distribution Supply Order, 2000. 3. The prosecution case is the following: On 29.9.2011 at 2.15 P.M., on getting prior information, the police officials went to the house of the accused and they found that LPG intended for domestic use was being misused for filling gas in vehicles and other cylinders intended for commercial use. BA 8626/11 2 Several gas cylinders were seized from the place. The equipments and implements for filling gas were also seized from the courtyard of the house of the accused. The first accused, the brother of the petitioner herein, was arrested. The case of the prosecution is that the petitioner is also involved in the case. 4. When the Bail Application came up for admission on 16.11.2011, the following order was passed : “4. Learned counsel for the petitioner submitted that the petitioner is working in Kerala State Beverages Corporation at Chalakudy and that he has nothing to do with the alleged offence. It is submitted by the counsel that, as of now, there is no material to connect the petitioner with the offence, except the self-serving statement of the police officer who recorded the First Information Report suo motu. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the BA 8626/11 3 petitioner to appear before the investigating officer on 21st and 22nd November, 2011. 7. Post on 28th November, 2011. 8. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.969 of 2011 of Valapad Police Station, Thrissur District, till 2nd December, 2011. 9. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 16.11.2011 has been complied with by the petitioner. 6. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 16.11.2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. BA 8626/11 4 There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- (Rupees Ten Thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions : A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Sundays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required ; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence ; D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN JUDGE csl