IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 Bail Appl..No. 3742 of 2011() ----------------------------- CRIME NO.107 OF 2011 OF THADIYITTAPRAMBU POLICE STATION .................... PETITIONER/3RD ACCUSED ------------------------------ VARGHESE, S/O.PAILY, AGED 39, POOVATHUMKUDY HOUSE, ELAMBAKAPPILLY P.O., AIMURY, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. RESPONDENT(S): COMPLAINANT -------------------------- STATE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J. ---------------------------------------------- B.A.NO.3742 of 2011 ---------------------------------------------- Dated this the 20th day of May, 2011 O R D E R Petitioner is the third accused in Crime No.107 of 2011 of Thadiyittaparambu Police Station. It was registered under Sections 304 and 285 of the Indian Penal Code and Sections 3(1) (b), 4(1)(a), 6 and 7 of the Liquified Petroleum Gas (Regulation and Distribution) Order 2000 and r/w 3(1) and 7 of the Essential Commodities Act and 34 IPC. This application is for pre-arrest bail. 2. The allegation is that the accused was unauthorisedly keeping LPG gas cylinders and was converting the same for commercial use for getting unlawful gain. 3. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. 4. Considering all these aspects I am not inclined to grant anticipatory bail at this stage but the following directions can be issued. The petitioner will appear before the investigating officer BA.3742/11 - 2 - on 26.5.2011 or 27.5.2011. The investigating officer after interrogation will produce the accused before the Magistrate. The learned Magistrate, considering the bail application filed by the petitioner will pas appropriate orders. However, the petitioner shall be released only on the following further conditions: i. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. ii. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. iii. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. BA.3742/11 - 3 - iv. The accused and the sureties shall not leave the jurisdiction of the Court concerned without the prior permission of the learned Magistrate. v. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vi. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K.BALAKRISHNAN, JUDGE vgs