Petition under Section 438 Cr.P.C.
2. Petitioners are accused Nos.2 and 3 in Crime No.1155/2014 of Chengannur Police Station registered for the offences punishable under Sections 3(1)(c) and 4 (1) (a) of the LPG (Regulation of Supply and Distribution) Order 2000 and Sections 3 and 7 of the Essential Commodities Act, 1955.
3. The main allegation against the petitioners is that they were carrying 8 LPG cylinders in Maruti Omni Vehicle bearing registration No.KL-04-B-437 on 07.06.2014 at 6.00 p.m. without proper safety measures and necessary licence.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The learned counsel for the petitioners has pointed out that copy of the licence has been produced. It seems that no criminal antecedents have been reported against the petitioners. Considering the facts and circumstances of the case and the fact that the petitioners have necessary licence, this Court is of the view that this is a fit case in which the powers conferred on this Court under Section 438 Cr.P.C. can be invoked.
6. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Mondays, commencing from 20.10.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B. KEMAL PASHA, JUDGE // True Copy // DSV/17/10 P.A. To Judge