IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5603 of 2009() ----------------------------- CRIME NO.468/2009 OF PAZHAYANNUR POLICE STATION APPLICANT/ACCUSED NO.1 ------------------------------------------ SETHUMADHAVAN, AGED 64 YEARS, S/O.MADHAVAN NAIR, KIZHIYAPPATU VEEDU, THIRUWILVAMALA, THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, PAZHAYANNUR POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/10/2009, ALONG WITH BA NO.5604/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.Nos.5603 & 5604 of 2009 --------------------------------------------- Dated this the 5th day of October, 2009 ORDER These are applications for bail under Section 439 of the Code of Criminal Procedure. Bail Application No.5603 of 2009 is filed by accused No.1 while Bail Application No.5604 of 2009 is filed by accused Nos.2 and 3 in Crime No.468 of 2009 of Pazhayannur Police Station. 2. The offence alleged against the accused persons is under clause 16 of the Kerala Kerosene Control Order read with Sections 3 and 7 of the Essential Commodities Act. 3. The prosecution case is that on 19.9.2009, the first accused, who is an authorised retail distributor of kerosene, sold a quantity of 220 litres of kerosene to accused Nos.2 and 3. Kerosene was intended to be supplied by Public Distribution System. The accused persons were arrested on 19.9.2009 and they were remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioners that the first accused is a heart patient and he has undergone heart surgery twice. BA Nos.5603 & 5604 /2009 2 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Wadakkanchery, subject to the following conditions: a) The petitioners 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 petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners 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 Applications are allowed as above. K.T.SANKARAN, JUDGE csl