Petition under Section 438 Cr.P.C. 2. Petitioner is the first accused in Crime No.809 of 2014 of the Pallithottam Police Station, Kollam District, registered for the offences punishable under Sections 16 of the Kerala Kerosene Control Order, 1968 and Section 7(1)(a)(ii) of the Essential Commodities Act, 1955.
3. The allegation against the petitioner is that on 4.7.2014 at 6.35 p.m., he along with the second accused, were found transporting 800 Litres of kerosene meant for public distribution in four barrels, without any license.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. According to the learned counsel for the petitioner, the petitioner is a fisherman and it was by making use of his permit and the permit of some other fishermen, the said quantity of kerosene was purchased and the same was being transported for their use. It seems that they had produced Annexure III Bill, along with B.A. No.5656 of 2014. As per the proceedings of the District Collector, Kollam, dated 11.9.2014, the contraband involved was released to the custody of the petitioner. It seems that the investigation of the case is practically over. I do not think that the custodial interrogation of the petitioner is required for the continued investigation of this case. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
5. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his 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 petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Saturdays and Wednesdays, commencing from 1.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner 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 dl // TRUE COPY // PA to Judge