IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Bail Appl..No. 680 of 2010() --------------------------------------- CR. NO.27/2009 OF KUDIYANMALA POLICE STATION, KANNUR DT. ............... PETITIONER/ACCUSED NO.2 ------------------------------------------- VARGHESE @ EANKACHAN, S/O.THOMAS, AGED 42 YEARS, MANNAPLAKKAL HOUSE, THIRIKKAL, NADUVIL AMSOM, TALIPARAMBA TALUK, KANNUR DT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): COMPLAINANT -------------------------- STATE THROUGH THE STATION HOUSE OFFICER, KUDIYANMALA POLICE STATION, KANNUR DISTRICT (CRIME NO.27/09 OF KUDIYANMALA POLICE STATION, KANNUR DISTRICT) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 680 of 2010 ------------------------------------ Dated this the 12th day of July, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 286 and 427 of the Indian Penal Code and LPG Regulation Supply and Distribution order 1993 Section 3(1)(e) and (3) read with Section 3 and 7 of the Essential Commodities Act. According to prosecution, on 28.02.2009 at about 9.45 P.M., one maruthi car exploded while filling L.P.Gas unauthorisedly without taking any precautionary measures. The investigation revealed that, petitioner(A2) along with the driver, who is the first accused while filling L.P.Gas in the car, some spark from the battery caused explosion. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. He is a merchant doing business in hill produce. Petitioner's name was nowhere in the F.I. Statement. He is a respectful person in the society and if he is arrested it will cause irreparable injury to petitioner, it is submitted. B.A. No. 680 / 2010 2 4. This petition is opposed. Learned Public Prosecutor submitted that as per the case diary, the car was driven by first accused and there was also a passenger in the car. The car was stopped near the house of petitioner and the L.P.Gas was attempted to be filled in the car by the petitioner also. A spark occurred and the gas cylinder as well as the car exploded. The passenger was questioned and he clearly mentioned petitioner's name and his involvement. Petitioner's custodial interrogation is necessary to find out further details relating to offence. 5. On hearing both sides and on going though the case diary, considering the serious nature of the allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. Nothing is pointed out, as to why, petitioner should be falsely implicated in the case. Petitioner shall surrender before the investigating officer and co-operate with the investigation. He will be at liberty to surrender before the Magistrate Court concerned, if he is so advised. Petition is dismissed. K. HEMA, JUDGE ln