IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 3960 of 2007(G)
1. GULAM MOHAMMED,M/S.A.G.M.TRADERS,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA,REPRESENTED BY
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :09/07/2007
O R D E R
R.BASANT, J.
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B.A.Nos.3960 & 4000 of 2007
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Dated this the 9th day of July 2007
O R D E R
Applications for anticipatory bail. These are both
anticipatory bail applications arising from crime No.238/07 of
Puthunagaram police station, Palakkad District. The crime has
been registered under the provisions of the Essential
Commodities Act. The crux of the factual allegations is that one
lorry load of rice was seized by the police officials on the
apprehension that such rice was intended to be distributed
through the public distribution system. Investigation is in
progress.
2. The petitioner in B.A.No.3969/07 is the person who
had brought that rice into Kerala. The petitioner in
B.A.No.4000/07 is the owner of the lorry in which such rice was
brought in and which was intercepted by the police officials.
3. The learned counsel for the petitioners submit, the
learned Public Prosecutor does not seriously oppose the said
prayer and I am satisfied, in these circumstances, that the
B.A.No.3960 & 4000/07 2
petitioners can be granted anticipatory bail. In the absence of
opposition from the learned Public Prosecutor, it is not necessary
for me to advert to facts in any greater detail in this order.
Suffice it to say that in response to a pointed query by the court,
it is not seriously disputed that there is no allegation now that
the rice in question is rice intended to be distributed under the
Kerala rationing order. I do, in these circumstances, carefully
avoid any detailed discussion on facts.
4. In the result, these petitions are allowed. Following
directions are issued under Section 438 Cr.P.C.
i) Petitioners shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 16/07/2007.
ii) They shall be released on regular bail on condition
that they execute bonds for Rs.1,00,000/-(Rupees one lakh only)
each with two solvent sureties each for the like sum to the
satisfaction of the learned Magistrate.
iii) The petitioners shall make themselves available for
interrogation before the investigating officer between 10 a.m
and 3 p.m on 17/07/2007 and 18/07/2007 and thereafter on all
Mondays and Fridays between 10 a.m and 12 noon for a period
B.A.No.3960 & 4000/07 3
of one month. Subsequently the petitioners shall so appear as
and when directed by the investigating officer in writing to do
so.
(iv) If the petitioners do not appear before the learned
Magistrate as directed in clause (i), directions issued above shall
thereafter stand revoked and the police shall be at liberty to
arrest the petitioners and deal with them in accordance with law,
as if these directions were not issued at all.
(v) If they were arrested prior to 16/07/2007, they shall
be released on bail on their executing a bond for Rs.1,00,000/-
(Rupees one lakh only) without any sureties, undertaking to
appear before the learned Magistrate on 16/07/2007.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
B.A.No.3960 & 4000/07 4
B.A.No.3960 & 4000/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007