Petitioner is accused, in Crime No.589 of 2014 of the Chathanoor Police Station for the offences punishable under Secs.3 and 7 of the Essential Commodities Act and Rules.4, 6 and 7 of the Liquefied Petroleum Gas Regulation of Supply and Distribution Order, 2000, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has submitted that on 28.03.2014 at about 10 a.m, the police in a search in the house of the petitioner seized 5 domestic and 4 commercial gas cylinders from the bathroom of the house. Petitioner is also involved in Crime No.979 of 2013 of the same station for similar offence.
3. According to the learned counsel, apart from the petitioner, his parents and brothers are also residing in the same house. Certain other contentions regarding authority of the Sub Inspector to effect search and seizure is also raised. The further submission is that commercial cylinders could be purchased from the market by anybody and he has not kept the cylinders in the bathroom.
4. The seizure has already been made by the police. In the circumstance, I am inclined to think that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief but subject to conditions.
Resultantly this application is allowed as under:
(i) Petitioner shall surrender before the officer investigating Crime No.589 of 2014 of the Chathanoor Police Station on 12.06.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production the petitioner shall be released on bail (if not required to be detained otherwise) on his executing bond for `20,000/- (Rupees Twenty Thousand Only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall report to the officer investigating Crime No.589 of 2014 of the Chathanoor Police Station on all alternate Saturday between 10a.m and 12p.m for a period of two months or till final report is filed, whichever is earlier.
(c) Petitioner shall report to the Investigating Officer as and when required for interrogation.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(f) In case the petitioner violates any of condition Nos.(b) to (e), it is open to the investigating officer to move the learned magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge