IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 7697 of 2011() ----------------------------- Crime No.1550 of 2011 of Neyyattinkara Police Station, Thiruvananthapuram District. PETITIONER/IST ACCUSED ------------------------------------------ A.SHAJI, S/O.ABOOBACKER KUNJU.P., AGED 46 YEARS, MEDAYIL VEEDU, T.B.JUNCTION, NEYYATTINKARA. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 2/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7697 OF 2011 --------------------------------- Dated this the 2nd day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.1550 of 2011 of Neyyattinkara Police Station, Thiruvananthapuram District. 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. When the Bail Application came up for admission on 18th October, 2011, the following order was passed: “3. The allegation is that 200 Kg. of sugar was being transported in the vehicle belonging to accused No.2. On intercepting the vehicle and questioning the 2nd accused, he stated that the sugar was being taken from the ration shop of accused No.1 to the shop of the third accused. B.A.No.7697 OF 2011 2 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned counsel for the petitioner submitted that on an inspection of the ration shop, the Rationing Inspector found a deficit of only 30 Kg. of sugar in the stock. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 22nd and 23rd October, 2011. 6. Post on 27th October, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1550 of 2011 of Neyyattinkara Police Station, till 31st October, 2011. 8. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner that the direction in the order dated 18th October, 2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of B.A.No.7697 OF 2011 3 the case, the nature of the offence and also taking note of the fact that the direction in the order dated 18th Ocotber, 2011 has been complied with by the petitioner, 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 `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on every Monday, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. e) The petitioner shall cooperate with the investigating officer in the matter of investigation. B.A.No.7697 OF 2011 4 f) 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. cms