IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 Bail Appl..No. 6090 of 2009() ----------------------------- CRIME NO.945/2009 OF PUNALUR POLICE STATION .................... PETITIONER: ACCUSED ------------------------------- K.MADHAVAN PILLAI, AGED 47, S/O.KUNJU PILLAI, HARITHA VILASAM, KARAVALOOR P.O., PUNALUR, KOLLAM DISTRICT. BY ADV. SRI.S.RAJKUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, PUNALUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6090 of 2009 --------------------------------------------- Dated this the 22nd day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.945 of 2009 of Punalur Police Station. 2. The offences alleged against the petitioner are under Clause 5(a) of the Rationing Order and Sections 3 and 7 of the Essential Commodities Act. 3. The date of occurrence was on 11.10.2009. The petitioner was arrested on same date. He is in judicial custody. 4. The allegation is that on 11.10.2009, the accused persons illegally transported rationed articles intended to be supplied through Public Distribution System. 358 bags of wheat were found inside the lorry driven by the second accused. It is submitted by the petitioner that he is only a salaried driver employed by the first accused. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.6090/2009 2 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. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, 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 csl