IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 Bail Appl..No. 4156 of 2008() ----------------------------- CRMP.1488/2008 of DISTRICT COURT, KASARAGOD CRIME NO. 373/2008 OF KASARAGOD POLICE STATION PETITIONER/I ACCUSED: --------------------------------------- T.A. MOHAMMED SAMEER, S/O IBRAHIM, THAYALAVALAPPU HOUSE, THURUTHI ,KASARGODE, BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, KASAGODE POLICE STATION. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR P.A.SALIM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4156 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of June, 2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 3 and 7 of the Essential Commodities Act. According to the prosecution, on 5-5-2008 the Taluk Supply Officer conducted an inspection in the place of occurrence and found 15 barrels containing 200 litres of blue kerosene. In total, there were 3000 litres of blue kerosene. According to the prosecution, the blue kerosene is intended only for public distribution and it will not be sold in open market. 3. Learned counsel for the petitioner submitted that the articles were seized from a property and petitioner was not present there. The owner of the property was originally made an accused, but later she was deleted from the array of the accused. The petitioner is not liable for the offence, it is submitted. 4. Learned Public Prosecutor pointed out that PW9 who is the owner of the property is a lady and she has given a statement that at about 12 O' Clock in the mid night she heard some sound and on looking, she BA 4156/08 -2- found that kerosene was being unloaded in her property and she instructed the petitioner to remove it. The petitioner allegedly agreed to remove the kerosene on the next day. Thus, the petitioner's involvement is revealed from the statement of an eye witness and the complexity of the petitioner has to be further looked into, by the police on investigation. 4. On hearing both sides, I am not inclined to grant anticipatory bail in a case of this nature. The application is dismissed. K. HEMA, JUDGE. mn.