IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Bail Appl..No. 877 of 2010() ----------------------------------------- CRMP.199/2010 of DISTRICT COURT, KASARAGOD CRIME NO.24/2010 OF BADIADKA POLICE STATION, KASARAGOD. .................... PETITIONER/ACCUSED: --------------------------------------- MOHANAN.P., AGED 49 YEARS, S/O.GOPALA MANIYANI, RESIDING AT AGALPADY, UBRANGALA, P.O.KUMBADAJE, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT/RESPONDENT & STATE: ------------------------------------------------------- STATION HOUSE OFFICER, BADIADKA POLICE STATION, KASARGOD DISTRICT REPRESENTED THROTUH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 877 of 2010 ------------------------------- Dated this the 25th day of February, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.24/2010 of Badiadka Police Station, Kasaragod. 2. The offence alleged against the petitioner is under Section 3(2)(c) read with Section 7 of the Essential Commodities Act. 3. The petitioner is an authorised Retail Ration Dealer. On 2/9/2009, the District Supply Officer inspected the Ration Shop run by the petitioner. He found that a quantity of 900 Kgs of boiled rice and 300 litres of Kerosene were unauthorisedly kept in room No.9/57of Badiadka Grama Panchayath, while the Ration Shop was being run in Room No.9/59 of Badiayaduka Grama Panchayath. It is alleged that the petitioner did not get any permission to store the articles in Room No.9/57. The allegation is that it was done with a view to indulge in black marketing. The report of the District Supply Officer is that there was excess stock and that the accounts were manipulated to cover up the misdeeds. B.A. No. 877 /2010 2 4. The offence alleged against the petitioner is serious in nature. The matter requires investigation. Sometimes, custodial interrogation of the petitioner may be required. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. I am of the view that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm