IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3400 of 2010()
1. VAHID, S/O.MUHAMMEDKUNJU,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :14/06/2010
O R D E R
K.HEMA, J
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B.A Nos.3400 AND 3423 OF 2010
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Dated this the 14th day of June 2010
ORDER
This petition is for bail.
2. The alleged offences are under Rule 16 of the Kerala
Kerosene Control Order 1968 r/w Sections (3) & (7) (1) (a) (1) of
Essential Commodities Act. According to prosecution, on
22/05/2010, a lorry was intercepted by the police and 1400 litres
of kerosene was seized from the lorry. First and second accused
who were present in the lorry were arrested. First accused is the
owner of the article and second accused is the driver of the lorry.
On questioning the accused, a search was conducted in the house
of first accused and two barrels of kerozene were seized and the
total quantity is about 400 litres. Hence, a crime was registered
alleging offences under Rule 16 of the Kerala Kerosene Control
Order 1968 r/w Sections (3) & (7) (1) (a) (1) of Essential
Commodities Act.
3. Learned counsel for petitioner submitted that the
petitioners are absolutely innocent of the allegations made.
Driver is totally innocent. First accused is a licensee and he has
license to possess the articles seized.
4. Learned Public Prosecutor disputed the asserted
innocence of the petitioners. But taking into consideration the
B.A Nos.3400 AND 3423 OF 2010 2
stage of investigation, petition is not opposed, it is submitted.
5. On hearing both sides, I am satisfied that bail can be
granted to the petitioners. Hence the following order is passed:
Petitioners shall be released on bail on executing
bond for Rs.25,000/- (Rupees twenty five thousand
only) each with two solvent sureties each for the like
sum to the satisfaction of the court concerned, on the
following conditions:
(i) Petitioners shall report before the Investigating
Officer on every Monday and Thursday
between 10 A.M and 1 P.M.
(ii) Petitioners shall not influence or intimidate any
witness or tamper with any evidence.
(iii) In case the petitioners is involved in any similar
case, his bail is liable to be cancelled.
Petitions are allowed.
K.HEMA
JUDGEvdv