IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Bail Appl..No. 4648 of 2008() ----------------------------- CRIME NO.217/2008OF PAMBADY POLICE STATION PETITIONERS: ------------------------------- 1. P.RAVEENDRAN, AGED 58 YEARS, S/O.PARAMESWARAN PILLAI,PUNNAN PARAMBIL PONKUNNAM. 2. P.N.ANIL KUMAR S/O. N.NEELAKANTAN PILLAI AGED 34 YEARS, PERUMPILLIL HOUSE PONKUNNAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM CRIME NO. 217 OF 2008 OF PAMBADY POLICE STATION PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4648 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of September,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 5A of the Rationing Order read with section 3 and section 7 of the Essential Commodities Act. According to prosecution, a lorry was intercepted and 204 sacks of wheat were seized from the lorry on the allegation that the wheat belongs to petitioners which was intended for supply through ration shops was unauthorizedly transported for public distribution. A crime was registered. The driver was arrested and he is the 1st accused. First petitioner is a licensee of wholesale ration depot and 2nd petitioner is the licensed employee of the ration shop. 3. Learned counsel for the petitioners submitted that petitioners have nothing to do with the wheat which was seized in this case. But, immediately within 20 minutes of the seizure of the article, a search was conducted in the premises of the wholesale depot of the 1st petitioner at 8 p.m. in the same night. But, no difference in the stock was noticed. Still petitioners are being proceeded against as accused in this case and they are sought to be arrested. BA 4648/08 -2- 4. It is also submitted that the proprietor of Eastern Trading Company filed a petition before the District Collector stating that during the transportation of wheat which was loaded from his shop the police seized the same and a crime was registered which is the present crime. According to him, the wheat was sent for sale from Kottayam to Kattappana for the purpose of cattle feed, but it was not intended for human consumption but, on reaching Kattappana, it was informed by the proposed purchaser that the wheat was not fit even for consumption by cattle and therefore, it was returned. 5. It is in the course of the return trip from Kattappana to Kottayam that the lorry was intercepted and a crime was registered. Learned counsel for petitioners also pointed out that this fact is supported by the statement made by the driver at the time of the interception itself, which finds a place in records. Even at that time, the driver mentioned that the wheat is being returned, since there was a dispute regarding its quality and it was being taken from Kattappana to Kottayam. 6. Therefore, it is a genuine case where the wheat is belonging to Eastern Traders was being transported for sale as cattle feed and the petitioner is absolutely innocent of the BA 4648/08 -3- allegations made. It is also pointed out that there is some difference in the description of the sacks available in the depot of the petitioner and the sacks which are seized in this crime. The marking on the sack is in blue ink whereas the marking on the sacks, which were seized, is in red ink. It was also pointed out that the lorry which was seized in this case belong to Eastern Traders and it was released to 4th accused. 7. Learned Public Prosecutor submitted that as per the allegations, the wheat belonged to petitioner and it was being unauthorizedly taken for public distribution. 8. On hearing both sides I find that anticipatory bail can be granted to petitioners. 9. Hence, the following order is passed:- (1) Petitioners shall surrender before the Investigating Officer within seven days from today and make themselves available for interrogation and co-operate with the investigation. (2) Thereafter, in the event of their arrest, if any, they shall be released on bail on their executing a bond for Rs. 25,000/- BA 4648/08 -4- each with two solvent sureties each for the like amount to the satisfaction of the arresting officer on the following conditions:- i) Petitioner shall report before the Investigating Officer as and when directed. ii) Petitioner shall not commit any offence while on bail iii) Petitioners shall co-operate with the investigation. This petition is allowed. K.HEMA, JUDGE. mn.