IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Bail Appl..No. 3229 of 2009() ---------------------------------------- CRIME NO.240/2008 OF THRISSUR TOWN WEST POLICE STATION PETITIONERS/ACCUSED NO.1: -------------------------------------------- JAYASENAN,AGED 69 YEARS,S/O.MADHAVAN, VAZHAPPILY HOUSE,KARYATTUKARA,P.O.ELTHURUTHU, THRISSUR DISTRICT. BY ADV. SRI.M.B.PRAJITH RESPONDENT/COMPLAINANT: ---------------------------------------------- 1. STATE,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE STATION HOUSE OFFICER, THRISSUR TOWN WEST POLICE STATION, (CRIME NO.240 OF 2008),THRISSUR. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3229 of 2009 ------------------------------------ Dated this the 16th day of June, 2009 O R D E R This is an application for anticipatory bail under section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.240/2008 of Thrissur Town West Police Station. 2. The offences alleged against the petitioner are under Sections 418 and 420 of the Indian Penal Code. 3. The prosecution case is that on 2/06/2008 at 5.45 P.M., the police got information that in the petrol bunk run by the petitioner under the name and style 'Madhavam Fuels' sale of adulterated diesel and petrol was being made. Samples of fuel were taken and on analysis it was found that the samples were adulterated with Kerosene. The learned counsel for the petitioner submitted that on that day, there was an agitation by a group of people stating that adulterated fuel was being sold in the petrol bunk and the officials of the Indian Oil Corporation, the Police and Media people came to the petrol bunk. Samples were taken by the police in plastic B.A. No. 3229/ 2009 2 containers given by the agitators. The officials of the Indian Oil Corporation took samples of diesel in Aluminum containers. On analysis at the instance of Indian Oil Corporation, it was found that the samples were in accordance with the specification. The learned counsel pointed out that the Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order 1998 provides for the sampling of products for the purpose of finding out whether the products are in accordance with the specifications. Para 5(3) of the Order states that “samples shall be taken in clean glass or Aluminum containers. Plastic containers shall not be used for drawing samples.” 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the B.A. No. 3229/ 2009 3 officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm