IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Bail Appl..No. 3973 of 2009 CRIME NO.276 OF 2009 OF THENMALA POLICE STATION CRMP.4385/2009 of J.M.F.C.-I, PUNALUR PETITIONER/ACCUSED NO.5: --------------------------------------- FRANCIS, S/O.JOSEPH FRANCIS, VAYALINGAL HOUSE, NEAR SAINT GORETTI HIGH SCHOOL, PUNALUR MURI, PUNALUR VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT: STATE: --------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.276 OF 2009 OF THENMALA POLICE STATION.). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3973 OF 2009 ------------------------------------------------------ Dated this the 20th July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.276 of 2009 of Thenmala Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 3 and 7 of the Essential Commodities Act and Clause 5A of the Kerala Rationing Order. 3. The prosecution case is that the first accused was arrested in connection with the unauthorized possession of rationed articles. On questioning, he stated that he got the articles from the ration whole sale depot run by the fifth accused. On the basis of such statement, the petitioner/fifth accused was arrested on 9.7.2009. He was produced before the learned Magistrate on 10.7.2009 and since then he is in judicial custody. 4. Learned counsel for the petitioner submitted that except the confession statement made by the first accused, there is no other material to connect the fifth accused and that on stock verification in his shop, the stock was found to be almost correct. B.A. NO. 3973 OF 2009 :: 2 :: 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Punalur, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, 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 as above. (K.T.SANKARAN) Judge ahz/