IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Bail Appl..No. 657 of 2008() ---------------------------- CR NO.86/07 OF KANNAVAM POLICE STATION .................... PETTIONER : 4TH ACCUSED: ----------------------------- ABDUL SALAM, S/O.MAMMU, KEEZHUTTE HOUSE, VELLAMUNDA, MANANTHAVADY TALUK, WAYANAD DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENTS: COMPLAINANT AND STATE: ----------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB-INSPECTOR OF POLICE, KANNAVAM POLICE STATION, (THROUGH PUBLIC PROSECUTOR OF HONOURABLE KERALA HIGH COURT, ERNAKULAM) BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 657 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2008 O R D E R Application for anticipatory bail. The petitioner is the 4th accused in the crime. He, along with the co-accused, faces allegations under Sections 3 and 7 of the Essential Commodities Act read along with the relevant Rules. 16 cylinders of LPG were being transported in a vehicle by the first accused contrary to the relevant Rules. He is the employee of the 4th accused. The petitioner/A4 is the registered owner in respect of the vehicle. The second accused is the supplier of LPG cylinders. The first accused was arrested at the spot and was enlarged on bail later. The third accused had accompanied the first accused in the vehicle, but he has later been deleted from the array of accused. The petitioner herein is the employee of the first accused. It is the case of the prosecution that it is the petitioner who is responsible for transportation of the cylinders in his vehicle. B.A.No. 657 of 2008 2 2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances of this case, that directions under Section 438 Cr.P.C. can be issued in favour of the petitioner. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. Subject to appropriate conditions, anticipatory bail can be granted to the petitioner, I am satisfied. 3. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 11.2.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on B.A.No. 657 of 2008 3 12.2.2008 and 13.2.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer and on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 11.2.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 11.2.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 11.2.2008. (R. BASANT) tm Judge B.A.No. 657 of 2008 4