This is an application for regular bail filed by the sole accused in Crime No.1374/2014 of Karunagapally Police station under Section 439 of the Code of Criminal Procedure. 2. The case of the prosecution in nutshell was that on 24.4.2014 at about 2.30 p.m the accused was found driving a lorry with ration rice which was intended for public distribution for unauthorised sale outside and thereby he had committed the offence punishable under Sections 3 and 7 of the Essential Commodities Act.
3. The counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same and he has been falsely implicated in the case. In fact he is carrying the articles in his lorry entrusted by the owner of the article which he purchased as per valid bill and he has not committed any offence and he is in jail from 24.4.2014 onwards.
4. The application was opposed by the Prosecutor on the ground that huge quantity of ration rice has been transported by the petitioner for the purpose of unauthorised sale and investigation is still in progress.
5. Heard both sides and perused the records.
6. It is seen from the records that the petitioner was arrested by the Karunagapally police on 24.4.2014 at 2.30 p.m when he was found transporting 224 sacks of ration rice in the lorry with No.KL.9/AG.5391 on the ground that it is being transported for the purpose of illegal sale. He is in jail on that day onwards and other persons behind the deal has not been so far implicated in the case. No purpose will be served by keeping the petitioner in jail any longer as no attempt has been made to get his custody to question him for the purpose of tracing other persons involved in the case for the purpose of implicating other accused persons. So considering the circumstances, this Court feels that bail can be granted to the petitioner with some stringent conditions. So, the application is allowed with the following conditions.
i. The petitioner shall be released on bail on executing a bond for Rs.50,000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court, Karunagapally.
ii. The petitioner shall appear before the investigating officer on the last Saturday of every month between 9 a.m and 10 a.m till the final report is filed.
iii. The petitioner shall appear before the investigating officer for the purpose of interrogation in connection with the above crime as and when required in writing to do so till the final report is filed.
iv. The petitioner shall not intimidate or influence the witnesses.
v. The petitioner shall not involve in any other crime of similar nature during bail period.
vi. The petitioner shall not leave State of Kerala without getting prior permission from the Judicial First Class Magistrate Court, Karunagapplay till the disposal of the case.
With the above conditions, the application is allowed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge