Petitioner is accused in Crime No.133 of 2014 of the Kalladikkode Police Station for the offences punishable under Sections 3 and 7(1)(a) of the Essential Commodities Act, Section 4(1)(b) of the L.P.G. Act, apprehends arrest and has filed the application.
2. Application is opposed by the learned Public Prosecutor. It is submitted that a search was conducted in the house of the petitioner on 06.03.2014 at about 12.30 noon and three gas cylinders were seized from the bathroom.
3. Learned counsel submits that the gas cylinders (allegedly) seized were empty cylinders belonging to some of the neighbours.
4. Learned Public Prosecutor responds that the gass cylinders seized were sealed one.
5. In the nature of allegations I am inclined to think the petitioner is to be interrogated. Based on the interrogation as well, learned magistrate shall decide the request for regular bail.
Application is disposed of as under:
B.A.No.3011 of 2014 2
(i) Petitioner shall surrender before the Officer investigating Crime No.133 of 2014 of the Kalladikkode Police Station on 06.06.2014 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 where, it is open to the petitioner to move application for regular bail with intimation given to the Assistant Public Prosecutor concerned at least three working days in advance.
(iv) If for any reason custody of the petitioner is required, the investigating officer can move application for that purpose before the learned magistrate.
(v) Learned magistrate shall consider of the application(s) having regard to all relevant circumstances including whether custody of the petitioner is required for any purpose and pass appropriate orders as early as possible.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge