IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 Bail Appl..No. 7077 of 2009() ----------------------------- CRIME NO.1212/2009 OF KARUNAGAPPALLY POLICE STATION PETITIONER/1ST ACCUSED ------------------------------------------ KHALIDKUTTY,S/O.ALIKUNJU,REJINA MANZIL, THODIYOOR,POLIVADAKKU,KARUNAGAPPALLY. BY ADV. SRI.K.G.ANIL BABU RESPONDENT(S): --------------- THE STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE,KARUNAGAPPALLY POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7077 of 2009 --------------------------------------------- Dated this the 4th day of December, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.1212 of 2009 of Karunagappally Police Station. 2. The offences alleged against the petitioner are under Sections 3 and 7 of the Essential Commodities Act. 3. The prosecution case is that on 11.11.2009, the police party searched and found 431 sacks of rice and 70 sacks of wheat, each sack containing about 50 kgms. each, from the lorry found in the premises of the building belonging to accused No.1. The allegation is that the rice and wheat were those intended to be supplied through public distribution system. The son of the petitioner is a rice merchant. Certain bags found on search carried the seal of Food Corporation of India. It is also alleged that the rice and wheat intended to be supplied through public distribution system were attempted to be filled in other plastic bags to make it appear that the rice and wheat were those BA No.7077/2009 2 available in open market. 4. In a case of this nature, I do not think that the petitioner is entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioner, it would affect the proper and smooth investigation case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl