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. 4746 of 2008() ----------------------------- CRIME NO. 330/2008 OF MUKKOM POLICE STATION PETITIONER : ACCUSED: ----------------- K.KUNHIMOHAMMED, AGED 55 YEARS, S/O.KUNHALI, KATHIYODE HOUSE, NEELESWARAM AMSOM AND POOLAPOYIL DESOM, KOZHIKODE TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT: ------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4746 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of August, 2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 3 and 9 of Essential Commodities Act and also under section 3(1)(c)(3)(d) and section 4(1)(a)6 of L.P.G. Order, 2000. According to the prosecution, on 29-5-2008 the Rationing Deputy Controller and party had conducted a search in room No.2/227 of Karassery Grama Panchayat owned by the petitioner and found 14 quintals of wheat, 2 quintals of rice, one quintal of sugar and 2 Indane gas cylinders were kept in the said room in violation of the Essential Commodities Act and the L.P.G. Order, 2000. 3. Learned counsel for the petitioner submitted that the petitioner had permitted one T.P.Vipin who is a contractor who had taken up the work of road under the “Sampoorna Gramin Rosgar Yogana Scheme”. It is a beneficiary scheme in which wages are given by way of rice and wheat for the workers under the “Food for work Programme”. In connection with this, for the purpose of storing food grains, permission was given by the petitioner to the said person to keep such article in room No.2/227 on BA 4746/08 -2- temporary lease. But, on seizure of the article from the said premises a crime was registered against the petitioner. 4. Learned Public Prosecutor submitted that he has no objection in granting anticipatory bail on conditions. 5. Hence, the following order is passed:- 1) Petitioner shall surrender before the Investigating Officer within seven days from today and make himself available for interrogation. 2) Thereafter, in the event of his arrest, if any, he shall be released on bail on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the arresting officer on condition that he will report before the Investigating Officer as and when directed and will co-operate with the investigation. The application is allowed as above. K. HEMA, JUDGE. mn.