Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN WEDNESDAY, THE8H DAY OF OCTOBER201416TH ASWINA, 1936 Bail Appl..No. 7290 of 2014 () --------------------------------------------- CRIME NO. 2460/2014 OF MUVATTUPUZHA POLICE STATION , ERNAKULAM PETITIONER(S)/ACCUSED1AND2 ---------------------------------------------------------- 1. RAJENDRAN AGED49YEARS S/O. GOPINATHAN NAIR, CHEMMARATHAZHATHU HOUSE VALAKKUZHI ROAD, KADATHY KARA, VELLOORKUNNAM VILLAGE MUVATTUPUZHA.
2. BIJU AGED39YEARS S/O. SIVAN, PUTHUSSERYKUDY HOUSE, PARATHATTU BHAGAM MARADY KARA, MARADY VILLAGE. BY ADVS.SRI.K.I.MAYANKUTTY MATHER SRI.P.RAHUL RESPONDENT(S): ---------------------------- STATE OF KERALA (STATION HOUSE OFFICER, MUVATTUPUZHA POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R BY PUBLIC PROSECUTOR, SRI. V.S. SREEJITH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0810-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: das K.RAMAKRISHNAN, J.
------------------------------------------ B.A. No. 7290 of 2014 ------------------------------------------ Dated this the 8th day of October, 2014 ORDER
This is an application filed by accused nos. 1 and 2 in Crime No.2460/2014 of Muvattupuzha Police Station for regular bail under section 439 of the Code of Criminal Procedure.
2. The case of the prosecution in nutshell was that on 24.09.2014 at 5.00 p.m. accused nos. 1 and 2, in furtherance of their common intention of selling the ration articles which was intended for distribution in the ration shop, were found transporting the same having weight of 350 Kgms of ration rice in an autorickshaw bearing no. KLF3591for sale in the open market in violation of the sections of Essential Commodities Act and thereby they have committed the offences punishable under sections 3 and 7 of the Essential Commodities Act and Clause 5(a) of the B.A. No. 7290 of 2014 -2- Kerala Rationing Order, 1996.
3. The counsel for the petitioners submitted that the petitioners have not committed any offence and they are in jail from 25.09.2014 onwards.
4. The application was opposed by the learned Public Prosecutor on the ground that investigation is in progress.
5. Heard both sides and perused the records.
6. It is seen from the case diary file that on 24.09.2014 at 5.00 p.m., the Sub Inspector of Police, Muvattupuzha Police Station had found 7 bags of rice having 50 Kgms each in an autorickshaw driven by the 2nd accused and on enquiry it was revealed that it was the ration rice which was intended to be sold through ration shop of the 1st accused and they were not able to give proper answer. So, he had arrested the 2nd accused and seized articles along with the autorickshaw and thereafter registered a crime as Crime No.2460/2014 of Muvattupuzha Police Station against B.A. No. 7290 of 2014 -3- the petitioners alleging the above said offence. The petitioners were arrested on 24.09.2014 and they were produced before Court on 25.09.2014 and they are in jail from that day onwards.
7. Custody of the petitioners is not required anymore in connection with the investigation. Considering the nature of the offence committed and the circumstances, this Court feels that bail can be granted to the petitioners with some conditions. So, the application is allowed with the following conditions: i. The petitioners shall be released on bail on their executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) each with two solvent sureties each for the like sum to the satisfaction of Judicial First Class Magistrate Court-I, Muvattupuzha. ii. The petitioners shall appear before the Investigating Officer on the last Saturday of every month between 9.00 B.A. No. 7290 of 2014 -4- a.m and 10.00 a.m for a period of three months or till the final report is filed, whichever is earlier. iii. The petitioners 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 final report is filed. iv. The petitioners shall not intimidate or influence the witnesses. v. The petitioners shall not leave State of Kerala without getting the prior permission of the Judicial First Class Magistrate Court-I, Muvattupuzha till the disposal of the case. With the above conditions, this application is allowed. Sd/- K. RAMAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj