IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Bail Appl..No. 2611 of 2010() ----------------------------- (CRIME NO.303/2010 OF THODUPUZHA POLICE STATION) PETITIONER/ACCUSED: ---------------------------- 1. RADHAKRISHNAN J., S/O.JANARDHANAN, AGED 40 YEARS, KOLLIYIL HOUSE, MANAKAD P.O., MANAKAD VILLAGE, THODUPUZHA TALUK. 2. SHAMSUDEEN M.K., S/O.KASSIM, AGED 40 YEARS, MAPLASSERIL HOUSE, KARIMANNOOR P.O., KARIMANNOOR VILLAGE, THODUPUZHA TALUK. 3. RADHAKRISHNAN K.S., S/O.SANKARAN, AGED 40 YEARS, KOLLIYIL HOUSE, KOALANI P.O., THODUPUZHA VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.303 OF 2010 OF THODUPUZHA POLICE STATION, IDUKKI DISTRICT). PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.2611 OF 2010 -------------------------------- Dated this the 23rd day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Section 5(a) of Kerala Rationing Order 1966 and Section 3 & 7 of Essential Commodities Act. According to prosecution, a mini lorry was seized by the Sub Inspector of police and a crime was registered under the above sections, on the allegation that ration rice was being transported in the lorry etc. Hundred bags of rice were seized from the lorry on 19/10/2010. 3. Learned counsel for petitioner submitted that petitioners are head load workers who are engaged in loading and unloading rice. They have absolutely nothing to do with any offence under the Essential Commodities Act. But, they are also implicated as accused numbers 4, 5 and 6. 4. This petition is not opposed. Learned Public Prosecutor also submitted that petitioners are only head load workers who are engaged in loading and unloading. 5. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioners on conditions. Hence, the following order is passed. B.A No.2611 OF 2010 2 (1) Petitioners shall surrender before the Magistrate Court concerned within seven days from today. (2) On such surrender, they shall be released on bail on executing bond for Rs.10,000/- (Rupees ten thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following condition: Petitioners shall report before the Investigating Officer as and when directed and co-operate with investigation. Petition is allowed. K.HEMA JUDGE vdv