The third accused in Crime No.2287/2014 of Chavara police station has filed this application for anticipatory bail under section 438 of the Code of Criminal Procedure. 2. The case of the prosecution in nutshell was that the accused persons have without any documents transported 8295 kgs of ration rice in the lorry with No.KL 07/BB 8295 and thereby they have committed the offence punishable under Section 5 (a) of Kerala Rationing Act read with Section 3 and 7 of the Essential Commodities Act.
3. The learned counsel for the petitioner submitted that the petitioner has no connection with the lorry as he has sold the vehicle to the first accused and while he was in possession of the same, the offence was committed. He being the registered owner, has been falsely implicated in the case.
4. The application was opposed by the Public Prosecutor.
5. On going through the allegations, this Court felt that it is not a fit case to grant anticipatory bail invoking the power under Section 438 of the Code and whether the petitioner had transferred the vehicle or not is a matter for investigation. However, if the petitioner surrenders before the investigating officer on 5.1.2015, after interrogation, if the investigating officer feels that his arrest is required, then after recording his arrest, he is directed to produce him before the concerned Magistrate court as far as possible on the same date without delay and if he is produced before the concerned Magistrate court and moved for regular bail, then the learned Magistrate is directed to consider and dispose of the bail application after hearing the Assistant Public Prosecutor of that court as far as possible on the same date in accordance with law.
With the above directions observations, this petition is dismissed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge