IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 Bail Appl..No. 3400 of 2010() ----------------------------- CRMP.6507/2010 of J.M.F.C.-III, PUNALUR .................... (CRIME NO.501/2010 OF PATHANAPURAM POLICE STATION) PETITIONER/ACCUSED: --------------------------------------- VAHID, S/O.MUHAMMEDKUNJU, MATTATHUVEEDU, PUTHENTHURA MURI, NEENDAKARA VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.501/2010 OF PATHNAPURAM POLICE STATION, KOLLAM DISTRICT.) PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/06/2010, ALONG WITH BA NO. 3423 OF 2010 THE COURT ON THE SAMEDAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A Nos.3400 AND 3423 OF 2010 -------------------------------- Dated this the 14th day of June 2010 ORDER This petition is for bail. 2. The alleged offences are under Rule 16 of the Kerala Kerosene Control Order 1968 r/w Sections (3) & (7) (1) (a) (1) of Essential Commodities Act. According to prosecution, on 22/05/2010, a lorry was intercepted by the police and 1400 litres of kerosene was seized from the lorry. First and second accused who were present in the lorry were arrested. First accused is the owner of the article and second accused is the driver of the lorry. On questioning the accused, a search was conducted in the house of first accused and two barrels of kerozene were seized and the total quantity is about 400 litres. Hence, a crime was registered alleging offences under Rule 16 of the Kerala Kerosene Control Order 1968 r/w Sections (3) & (7) (1) (a) (1) of Essential Commodities Act. 3. Learned counsel for petitioner submitted that the petitioners are absolutely innocent of the allegations made. Driver is totally innocent. First accused is a licensee and he has license to possess the articles seized. 4. Learned Public Prosecutor disputed the asserted innocence of the petitioners. But taking into consideration the B.A Nos.3400 AND 3423 OF 2010 2 stage of investigation, petition is not opposed, it is submitted. 5. On hearing both sides, I am satisfied that bail can be granted to the petitioners. Hence the following order is passed: Petitioners shall be released on bail on executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions: (i) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 A.M and 1 P.M. (ii) Petitioners shall not influence or intimidate any witness or tamper with any evidence. (iii) In case the petitioners is involved in any similar case, his bail is liable to be cancelled. Petitions are allowed. K.HEMA JUDGE vdv