IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 Bail Appl..No. 6115 of 2009() ----------------------------- CRIME NO.945/2009 OF PUNALUR POLICE STATION, KOLLAM PETITIONER/ACCUSED -------------------------------------- MANJUSH,S/O.ABDUL SALAM, AAGED 38 YEARS, MANJU MANZIL, SASTHAMKONAM, PUNALUR. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.945/2009,OF PUNALUR POLICE STATION) PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6115 of 2009 --------------------------------------------- Dated this the 23rd day of February, 2010 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.945 of 2009 of Punalur Police Station. 2. The offences alleged against the petitioner are under Sections 3 and 7 of the Essential Commodities Act and Section 5(a) of the Rationing Order. 3. When the Bail Application came up for hearing on 9.2.2010, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 AM on 16th and 17th February, 2010. The petitioner shall produce a copy of the order before the investigating officer. Post on 23rd February, 2010. It is submitted by the learned Public BA No.6115/2009 2 Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.945 of 2009 of Punalur Police Station, Kollam District. 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction contained in the order dated 9.2.2010 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 9.2.2010 has been complied with by the petitioner, 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 him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays for a period of two months, till the final report is filed or until further orders; BA No.6115/2009 3 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 to the extent indicated above. K.T.SANKARAN, JUDGE csl BA No.6115/2009 4 K.T.SANKARAN, J. --------------------------------------------- B.A.No.6115 of 2009 --------------------------------------------- Dated this the 5th day of January, 2010 ORDER Heard the learned counsel for the petitioner and the learned Public Prosecutor. It is submitted by the learned Public Prosecutor that the date of occurrence was on 11.10.2009. The Bail Application was filed on 15.10.2009. The case diary file was received on 22.10.2009. It is submitted by him that what transpired thereafter is to be ascertained. Post on 11.1.2010. K.T.SANKARAN, JUDGE csl BA No.6115/2009 5