IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD FEBRUARY 2007 / 4TH PHALGUNA 1928 Bail Appl..No. 893 of 2007() ---------------------------- CRIME NO.38/07 OF THENHIPALAM POLICE STATION : PETITIONER/2ND ACCUSED: ---------------------------------------- SHIHAB, S/O. ABOOBACKER, AGED 35 YEARS, PALAKKODAN HOUSE, SUPER BAZAR, PARAMBIL PEEDIKA, MALAPPURAM DIST. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THENHIPALAM POLICE STATION, MALAPPURAM DISTRICT, KOZHIKODE DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 893 OF 2007 B ```````````````````````````````````````````````````` Dated this the 23rd day of February, 2007 O R D E R Petitioner, who is the 2nd accused in Crime No.38/2007 of Thenhipalam Police Station for an offence punishable under section 7(1) (ii) of the Essential Commodities Act, 1955 and clause III(4) of the Liquefied Petroleum Gas Regulatory Supply Distribution Order, 1995, seeks anticipatory bail. 2. Learned Public Prosecutor opposed the application submitting, inter alia, that accused Nos.1 and 2, who are brothers, were conducting a private unlicensed gas agency and indulging in illicitly transferring indane gas to their own cylinders for using in motor vehicles and that the first accused was found in possession of 10 gas cylinders of 40 kgs. 3. Anticipatory bail cannot granted in a case of this nature. There is no reason why the petitioner should not surrender before the Investigating Officer for interrogation and then have his application for regular bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner is directed to surrender before the Investigating Officer on any day between 27.2.2007 and 1.3.2007 for the purpose of interrogation and recovery of incriminating materials, if any. BA.893/07 : 2 : The petitioner shall, thereafter, be produced before the Magistrate concerned on the same day. The Magistrate shall consider and dispose of the application, if any, filed by the petitioner for regular bail, preferably on the same date on which it is filed. This application is disposed of as above. (V. RAMKUMAR, JUDGE) aks