IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 Bail Appl..No. 4935 of 2008() ------------------------------------------ (CRIME NO.482/2008 OF CHERTHALA POLICE STATION) APPLICANT:ACCUSED NO.1: -------------------------------------------- JOSEPH, AGED 42 YEARS S/O.MATHEW, PARAKKOT HOUSE, WARD NO. 30, CHERTHALA. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYANAN RESPONDENT: COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.I.OF POLICE,CHERTHALA POLICE STATION. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------------------------------------------- Bail Application No.4935 of 2008 ------------------------------------------------------- Dated this the 7th day of August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 9 & 16 of Kerala Kerosene Control Order, 1968 and Section 3 read with Section 7(a) II and 8 of Essential Commodities Act. According to the prosecution, the police party seized 150 litres of kerosene from a tyre workshop owned by the second and the third accused. They were arrested and on confession made by them, A1 is also implicated in the offence. He is the petitioner herein. 3. Learned counsel for petitioner submitted that except the confession made by the second and the third accused, there is absolutely nothing to connect the petitioner with the crime. 4. Learned public prosecutor opposed this bail application and submitted that the investigation is at the very initial stage and the nature of complicity of the petitioner in the offence is to be investigated into in detail. At this stage, if anticipatory bail is granted to the petitioner, it will adversely BA No.4935/08 2 affect the investigation, it is submitted. 5. On hearing both sides, I am satisfied that it may not be proper to grant anticipatory bail to the petitioner in an offence of this nature. The petition is dismissed. K.HEMA, JUDGE csl