IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Bail Appl..No. 698 of 2009() ---------------------------- CRIME NO. 44/2009 OF NEELESHWAR POLICE STATION PETITIONER (S): 1ST ACCUSED:- -------------------- GRACY CYRIAC, W/O.CYRIAC JOHN, RESIDING AT NAND ALATH HOUSE, CHAYYOTH POST, HOSDURG TALUK, KASARGOD. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): --------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, NEELESHWAR POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 698 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 16th day of February, 2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 3 read with section 7(1)(a)(i) of the Essential Commodities Act and 406, 468, 420 read with section 34 IPC. Petitioner is the licensee of a ration shop. The 2nd accused is the Manager and the 3rd accused is the sales girl in the ration shop. The allegation is that without dispersing the ration article to the ration card holders, entries are made in the registers showing that those were dispersed to the ration card holders and thereby the alleged offences are committed. 3. Learned Public Prosecutor fairly conceded that a letter was given by petitioner who is 1st accused to the District Supply Officer on 4-2-2008 about eight months prior to the detection of th crime stating that she is unable to carry on with the ration shop and hence, the licence may be issued to some other person. This request was accepted by the District Supply Officer on 19- 8-2008, but the order was implemented only on 5-11-2008 and crime was detected in October, 2008. Hence, he has no objection in granting anticipatory bail to petitioner. BA 698/2009 -2- 4. On hearing both sides, I am satisfied that anticipatory bail can be granted on conditions. 5. Hence, the following order is passed:- (1) Petitioner shall surrender before the Magistrate Court concerned within seven days from today and she shall be released on bail, on her executing a bond for Rs. 25,000/- with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate, on the following conditions:- i) Petitioner shall report before the Investigating Officer as and when directed and co-operate with the investigation. ii) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail This petition is allowed. K.HEMA, JUDGE. mn.