IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Bail Appl..No. 2131 of 2008() ----------------------------- CRIME NO.1025/2008 OF BEKAL POLICE STATION PETITIONER/ACCUSED: ----------------- ABDULLA AGED 69 YEARS,S/O.LATE MOHAMMED KUNHI,KATTAKAL HOUSE,KALANAD P.O, KASARGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: ------------- THE SUB INSPECTOR OF POLICE,KUMBALA EXCISE RANGE,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2131 of 2008 ---------------------------------------- Dated this the 7th day of April 2008 O R D E R Application for anticipatory bail. The petitioner is the third accused. Altogether there are three accused persons. Accused 1 and 2 were allegedly found transporting 13 Kgs of sugar and 150 Kgs of rice when they were intercepted and arrested by the police on 16/2/2008. It was revealed that the petitioner herein/third accused is the licensee in respect of an ARD. The first accused was allegedly a person who was running the business actually. He is the de facto licensee in respect of the said ARD, submits the learned Public Prosecutor. The first accused was, along with the second accused, found to remove 13 Kgs of sugar and 150 Kgs of rice from the premises of the ARD in a autorickshaw. They were intercepted and were arrested on 16/2/2008. Investigation revealed the involvement of the third accused/petitioner herein. The petitioner is aged about 72 years. Due to his illness, he is not running the ARD even though the licence stands in his name even now, submits the learned counsel for the petitioner. I am satisfied that directions under Section 438 Cr.P.C can be issued. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to facts in any greater detail in this order. 2. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. B.A.No.2131/08 2 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 15/04/2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 5 p.m on 16/04/2008 and 17/4/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month and subsequently as and when directed by the investigating officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 15/04/2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 15/04/2008. (R.BASANT, JUDGE) jsr B.A.No.2131/08 3 B.A.No.2131/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007