IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Bail Appl..No. 7300 of 2008() ----------------------------- CRIME NO.644/08 OF NADAKKAVU POLICE STATION, KOZHIKODE PETITIONER: APPLICANT/ ACCUSED -------------------------------------- S.JAYANARAYANAN, S/O.SANKARANARAYANAN, SREYAS, BILATHIKULAM ROAD, CALICUT. BY ADV. SRI.P.VIJAYA BHANU SMT.T.RESMI DAMODARAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I.OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.7300 of 2008 ----------------------------------------- Dated this the 5th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Sections 3 and 7 of the Essential Commodities Act read with Clause 3 of the Kerala Petroleum Products Dealers Licensing Order, 1981 and Section 9B of the Explosives Act, 1884. According to prosecution, a raid was conducted into the godown of a gas agency on 18.11.2008 by the Assistant Collector and the authorities of the Civil Supplies Department and certain gas cylinders were found stored in the godown and also in a shed attached to the godown. According to prosecution, those were seized, since petitioner, who is the owner of the gas agency had committed the various offences under the Essential Commodities Act and other Acts. 3. Learned counsel for petitioner submitted that Clause 3 of the Kerala Petroleum Products Dealers Licensing Order, 1981 is not in force at present. It is submitted that after the Liquified Petroleum Gas (Regulatkon of Supply and Distribution) Order, BA.7300/08 2 2000 promulgated by the Central Government has come into force, the above provision does not have any application, especially in the light of Clause 14 of the said Order, which has over riding effect. According to prosecution, petitioner is a licensee and no offence can be said to be committed by petitioner as per the provision of the Liquified Petroleum Gas (Regulation of Supply and Distribution) Order, 2000, 4. Learned Public Prosecutor submitted that he is not conceding to the argument raised by the learned counsel for petitioner, but petitioner may be directed to appear before the investigating officer and subject to that, he has no objection in granting anticipatory bail to petitioner. On hearing both sides, I find that anticipatory bail can be granted to petitioner and hence, the following order is passed: 1) Petitioner shall surrender before the investigating officer within seven days from today and co- operate with the investigation and make himself available for interrogation. 2) If petitioner is arrested, he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each BA.7300/08 3 for the like sum 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. Petition is allowed. K.HEMA, JUDGE vgs.