IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 Bail Appl..No. 3442 of 2009 -------------------------------------------- CRIME NO.41/2009 of POOVAR POLICE STATION ........... PETITIONERS/ACCUSED 3 TO 8: 1. MANI.J, MANI NIVAS, CHEKKADI, POOVAR.P.O, THIRUVANANTHAPURAM DISTRICT. 2. RAVI.C, KALLINGAVILAKOM VEEDU, DO. DO. 3. SUMESH.G (WRONGLY SHOWS AS SURESH), KARIVITTUVILA VEEDU, KANJAMPAZHINJI.P.O, THIRUVANANTHAPURAM DISTRICT. 4. GIRIJA.S, AYIRAMTHAI VEEDU, DO. DO. 5. AMBILI.S, MANIYANKALTHOTTAM, EDAVAZHIPURAMPOKE VEEDU, ARUMANOOR, POOVAR.P.O, THIRUVANANTHAPURAM DISTRICT. 6. SHOBANA.R, EDAYIKKAL VEEDU, CHEKKADI, DO. DO. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENTS/COMPLAINANT AND STATE & IO: 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, POOVAR POLICE STATION, POOVAR, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- B.A.No.3442 of 2009 -------------------------- ORDER Petitioners are accused 3 to 8 in Crime No.41/2009 of Poovar Police Station registered for the offences under Sections 3 and 7 of Essential Commodities Act and under Clause 5(A) of Kerala Rationing Order. This petition is filed under Section 438 of Code of Criminal Procedure for anticipatory bail. 2.Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. The case as against the accused is that without the sanction of Civil Supplies authorities, the ration shop, which was being conducted by Arumanoor Harijan Service Co-operative Society, was shifted from Building No.P.P.II/536 to Building No.P.P.II/230 and thereby they committed the offences. Petitioners are the Directors of the Society. A resolution was passed on 4.8.2008 by BA 3442/09 2 the Board of Directors to shift the ration shop from Building No.P.P.II/536 to Building No. P.P.II/230, as Building No.P.P.II/536 was obtained on lease by the Society and the landlord wanted the Society to vacate the building. Therefore, it was resolved to seek permission of the Civil Supplies authorities for shifting. Annexure-D produced by the petitioners shows that pursuant to the resolution, a request was made to the District Supply Officer, who had received it on 5.8.2008 and forwarded to the Taluk Supply Officer, Neyyattinkara. Learned counsel submitted that subsequently, sanction was also granted. 4. In the nature of the offences alleged, I do not find any reason for custodial interrogation of the petitioners. Petitioners are, therefore, entitled to be released on bail in the event of their arrest. Petition is allowed. In the event of arrest of the petitioners in Crime No.41/2009 of Poovar BA 3442/09 3 Police Station, they are to be released on bail on executing bond for Rs.5,000/- each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer on the following conditions: 1. Petitioners shall appear before the Investigating Officer as and when required. 2. Petitioners shall not intimidate or influence any witness or interfere with the investigation. 3. Petitioners shall not leave India without the permission of the Magistrate. 15th July, 2009 (M.Sasidharan Nambiar, Judge) tkv