IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 Bail Appl..No. 2699 of 2009 CRIME NO.41 OF 2009 OF POOVAR POLICE STATION PETITIONER/ACCUSED NO.2: ------------------------------------------- AMBIKA, D/O. SARASAMMA, AGED 48, KRISHNA SADANAM, KURAKUDI VILAKAM, ARUMANNOOR, POOVAR.P.O. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT: --------------- THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2699 OF 2009 ------------------------------------------------------ Dated this the 22nd May, 2009 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.41 of 2009 of the Poovar Police Station. 2. The offence alleged against the petitioner is under Rule 5(a) of the Kerala Rationing Order, 1966 read with Sections 3 and 7 of the Essential Commodities Act, 1985. 3. The prosecution case is that the petitioner was the Secretary of Arumanoor Harijan Service Co-operative Society, which was granted licence to run a ration shop. The articles in the ration shop were shifted to another building without the necessary permission of the authorities concerned. Learned counsel for the petitioner submitted that the case was registered on the basis of the inspection conducted on 6.8.2008 and even before that the petitioner had made Annexure II complaint to the Taluk Supply Officer, Neyyattinkara, stating that the ration articles were unauthorisedly shifted by the President and the newly elected Managing Committee Members. It is also pointed out by the learned counsel for the B.A. NO. 2699 OF 2009 :: 2 :: petitioner that on 5.8.2008, as per Annexure III order, the licence of the shop was suspended by the Taluk Supply Officer and on 25.8.2008 the petitioner was suspended from service, as evidenced by Annexure IV. Later, on 20.2.2009 the District Collector passed an order to take necessary action against the Secretary and another person under the provisions of the Essential Commodities Act. In Annexure V order dated 20.2.2009, reference is made to the submission made by the Secretary of the Society. Learned counsel for the petitioner submits that the petitioner is not that person who is referred to in Annexure V as the petitioner was under suspension at that time. It is also pointed out that as per Annexure VI the President and the Managing Committee Members are sought to be added as accused persons in the case. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release her on bail for a period of one month on her executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 2699 OF 2009 :: 3 :: 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) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail; f) 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 ahz/