IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 Bail Appl..No. 780 of 2008() ---------------------------- CRIME NO.835/2007 OF FORT KOCHI POLICE STATION : PETITIONER/ACCUSED: ------------------------------------ SAYED KASSIM, AGED 63 YEARS, SON OF SHAIK JANY, CC XI/194, NEAR E.S.I.HOSPITAL, SOUTH THAMARAPARAMBU, FORT KOCHI VILLAGE, COCHIN-682 001. BY ADV. SRI.THOMAS CHAZHUKKARAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, FORT KOCHI THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.780 of 2008 ------------------------------------- Dated this the 11th day of February, 2008 ORDER Application for anticipatory bail. Petitioner faces allegations for offences punishable, inter alia, under the Essential Commodities Act. The crux of the allegations against the petitioner is that he was found to keep in his possession 2 L.P.G cylinders along with an equipment for refilling the L.P.G cylinders on 12.09.07. F.I.R was registered on 15.11.07. Investigation is in progress. The petitioner now apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is not guilty of the allegations raised and there is no need whatsoever to keep the petitioner under custody. The allegation is only that he was found in possession of two L.P.G cylinders along with an equipment for refilling the L.P.G cylinders. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that directions under Section 438 Cr.P.C can be issued in favour of the petitioner subject of course to appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation. B.A.No.780 of 2008 2 4. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 18.02.2008. He shall be enlarged on regular bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 1 p.m on 19.02.2008 and 20.02.2008 and thereafter between 10 a.m and 12 noon on all Mondays and Fridays for a period of one month. Subsequently the petitioner shall make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so; iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law as if those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 18.02.08 as directed in clause (1) above, he shall be released B.A.No.780 of 2008 3 from custody on his executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) without any sureties undertaking to appear before the learned Magistrate on 18.02.08. (R.BASANT, JUDGE) rtr/-