IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Bail Appl..No. 4404 of 2009() ------------------------------------- CRIME NO. 38/2009 OF KARIKKOTTAKKARI POLICE STATION .................... PETITIONER/ACCUSED NO. 2: ------------------------------------------- JOHN JOSEPH, S/O. JOSEPH, AGED 63 YEARS, PAMBACKAL HOUSE, VANIYAPPARA, CHARAL P.O., KANNUR. BY ADVS. SRI.JIJI THOMAS & SMT.SMITHA MATHEW RESPONDENT: --------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KARIKKOTTAKKARI POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4404 of 2009 ------------------------------------ Dated this the 11th day of August, 2009 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 second accused in Crime No.38/2009 of Karikottakkari Police Station, Kannur. 2. The offences alleged against the petitioner are under Section 5(A) of the Kerala Rationing Order and Sections 3 and 7 of the Essential Commodities Act. 3. The prosecution case is that rationed articles were found from the shop of the first accused. The second accused is running a ration shop just on the opposite side of the shop run by the first accused. It is alleged that the rationed articles were sold by the second accused to the first accused . The Taluk Supply Officer inspected the articles in question and stated that there is nothing to indicate that the articles are rationed articles. At this stage, it is not necessary to arrive at any finding as to whether the articles involved are really rationed articles or not. B.A. No.4404/2009 Page numbers 4. The learned counsel for the petitioner submitted that the petitioner is suffering from cancer and he is undergoing treatment at Amala Cancer Hospital & Research Center, Trichur. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm