IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2538 of 2008()
1. C.D.JOHNY, AGED 58 YEARS, S/O.C R
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE SUB INSPECTOR OF POLICE, OLLUR
For Petitioner :SRI.K.RAMAKUMAR (SR.)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :06/05/2008
O R D E R
K.P. Balachandran, J.
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B.A.No. 2538 of 2008
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ORDER
This is an application for anticipatory bail
filed under Section 438 of the Cr.P.C.
2. Petitioner is the first accused in Crime
No.187/08 of Ollur Police Station, registered for
offence under Clause 5A of the Kerala Rationing
Order, 1966 read with Sections 3 and 7 of the
Essential Commodities Act, 1955. The occurrence in
the case has taken place on 6.3.2008 and almost two
months have elapsed therefrom and the police was
unable to effect arrest of the petitioner till
date. No considerable progress in the investigation
can be made without delay, unless the petitioner is
also made available for questioning. In the
circumstances, I am of the view that anticipatory
bail can be granted to the petitioner, imposing,
however, stringent conditions.
In the result, allowing this application, I
direct that the petitioner shall surrender before
BA 2538/08 2
the Magistrate concerned positively on or before
13.5.2008 and shall deposit by way of cash security
an amount of Rs.25,000/- and shall thereafter
execute bail bond for Rs.50,000/- with two solvent
sureties each for like sums to the satisfaction of
the Magistrate.
On the above conditions being satisfied, the
petitioner can be enlarged on bail.
On such release, the petitioner shall appear
before the Investigating Officer between 10 a.m.
and 12 noon on all days for a period of two weeks
and thereafter on every alternate days for a period
of one month and thereafter on all Tuesdays and
Fridays only till the investigation in the case is
over and final report is laid.
The above directions shall not stand in the way
of the Investigating Agency seeking for custodial
interrogation of the petitioner, if need be and the
Magistrate granting it, if deemed fit, necessary
and legal.
BA 2538/08 3
On release the petitioner shall co-operate with
the investigation in the case, shall not get
himself involved in commission of any offence,
shall not influence or intimidate the witnesses in
the case and shall not, except for the purpose of
appearing before the Investigating Officer, move
beyond the territorial limits of the town, in which
he is having his permanent residence, the details
of which shall be furnished to the court and to the
Investigating Officer immediately on release on
bail.
6th May, 2008 (K.P.Balachandran, Judge)
tkv