IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 Bail Appl..No. 7361 of 2008() ----------------------------- CRMP.2783/2008 of DISTRICT COURT, KOTTAYAM CRIME NO.337/08 OF KADUTHURUTHY POLICE STATION PETITIONER -------------------- M.P. MUHAMMED, AGED 72 YEARS, S/O. LATE PAREETH, MUDOOR HOUSE, MANNAR KARA, KADUTHURUTHY VILLAGE, VAIKOM TALUK. BY ADV. SRI.ESM.KABEER RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KADUTHURUTHY POLICE STATION/. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7361 of 2008 ----------------------------------------- Dated this the 11th December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 7 of the Essential Commodities Act. According to prosecution, 2390 kg of rice intended to be supplied through ration shops were seized from the car porch of the house of petitioner on 30.5.2008. 2. Learned counsel for petitioner submitted that petitioner is aged 72 years. He is innocent of the allegations made. His son undertook bund raising work as a sub contractor from the convener of a beneficiary committee, who is residing close to the house of petitioner. The work was done under “food for work programme”. The rice was allotted by the District Panchayat, Kottayam and since there is no road facility to reach the house of convener, it was allowed to be kept in the premises of the house of petitioner. Petitioner has not committed any offence. 3. Learned Public Prosecutor submitted that the bags contained FCI mark. But petitioner was interrogated by the BA.7361/08 2 police during the pendency of this petition and hence, he has no objection in granting anticipatory bail on conditions. 4. On hearing both sides, I am satisfied that suitable directions can be given and the following order is passed: Petitioner shall surrender before the Magistrate Court concerned within seven days from today and he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, on the following conditions: i) Petitioner shall make himself available for interrogation as and when directed by the investigating officer. ii) Petitioner shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.