IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 Bail Appl..No. 5594 of 2008() ----------------------------- CRIME NO.461/2008 OF HOSDURG POLICE STATION PETITIONER : ----------------- RENJITH.S.THOYAMMAL, 29 YEARS OF AGE, S/O.M.V.KUMARAN, "REJITHA SADANAM", NITTADIKKAM, BALLA P.O., HOSDURG TALUK, KANHANGAD. BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR SRI.SHIRAZ ABDULLA SRI.IMTHIYAZ AHAMED SRI.JOJO PAPPACHAN RESPONDENT: COMPLAINANT ----------------------------------------- S.I. OF POLICE, HOSDURG POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5594 of 2008 ------------------------------------------------- Dated this the 23rd day of September, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, petitioner was engaged in unauthorisedly filling gas cylinders and on 6.8.2008, at about 4 p.m., gas cylinder exploded causing extensive damage to the property and personal injuries to the petitioner. The crime was under Sections 3 read with Section 7 of Essential Commodities Acts 1955 and Section 3C Liquified Petroleum Gas (Regulation of supply and distribution) Order 2000. 3. Learned counsel for the petitioner submitted that the petitioner is running a business in production of rice powder, curry powder, food stuffs, food products etc. For this purpose, he had commercial gas connections. He had not been involved in re-filling as alleged. 4. Learned public prosecutor submitted that after the explosion, when the scene was inspected, 16 gas cylinders were seen and no other material was seized to indicate that the petitioner was doing business in food products etc. He had no explanation for the possession of so many gas cylinders. However, as per the instructions, petitioner is still under BA No.5857/08 2 treatment in the hospital and he is in a very bad physical condition, it is submitted. Taking into consideration his physical state alone, he has no objection in granting anticipatory bail, it is submitted. In the above circumstances, the following order is passed: Petitioner shall be released on bail in the event of his arrest on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: (i) Petitioner shall make himself available for interrogation by the police. (ii) Petitioner shall co-operate with the investigation. (iii) Petitioner shall not commit any offence while on bail. (iv) Petitioner shall not influence or intimidate any witness or tamper with evidence. The petition is allowed. K.HEMA, JUDGE csl