Devan P M vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 28, 2022

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https://sooperkanoon.com/case/1446211

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Citation: sooperkanoon.com/1446211
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Feb 28, 2022
Case Number: Bail Appl./751/2022

Parties & Advocates

Appellant / Petitioner

Devan P M

Respondent

State of Kerala

Excerpt

.....is totally baseless. it is submitted that a reading of the first information statement would suggest that the material stored was not conclusively determined to be diesel. it is submitted that the case has been registered only on account of the fact that the owners of the property on which the quarry is situated were accused of having obstructed the police party from discharging their duties which led to registration ofbail appl. no. 751 of 2022 3 crime no.38/2022 of the same police station, against them. it is submitted tat the provisions of the aforesaid order have no legal force as the subject matter of that order is now covered by an order issued by the central government and both these orders cannot operate simultaneously. finally, it is submitted that considering the nature of the allegations, custodial interrogation of the petitioner is not necessary in the matter.5. learned public prosecutor submits that the petitioner isclearly guilty of the offence alleged against him. it is submitted that there is a clear prohibition in storing diesel in an operational quarry. it is submitted that the custodial interrogation of the petitioner is absolutely necessary in the facts and circumstances of the case.6. having regard to the facts and circumstances of the case andconsidering the nature of the allegations against the petitioner, i am of the opinion that anticipatory bail can be granted to the petitioner subject to strict conditions as the custodial interrogation of the petitioner does not appear to be necessary in the facts and circumstances of the case. in the result, this application is allowed. it is directed that the petitioner shall be released on bail, in the event of arrest in crime no.41/2022 of melattoor police station subject to the following conditions:-(i) petitioner shall execute bond for a sum of rs.50,000/- (rupees bail appl. no. 751 of 2022 4 fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 28TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943 BAIL APPL. NO. 751 OF 2022 CRIME NO.41/2022 OF Melattur Police Station, Malappuram PETITIONER/ACCUSED: DEVAN P M AGED 32 YEARS 18-228 PEECHAMKOTTI HOUSEL KUMBALAKODE P.O PAZHAYANNUR THRISSUR DISTRICT- 680587, PIN - 680587 BY ADV UNNI SEBASTIAN KAPPEN RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV. SEETHA S., SR. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 751 OF 2022 2

ORDER

This is an application for anticipatory bail.

2. Petitioner is one among the accused in Crime No.41/2022 of

Melattoor police station, Malappuram district, alleging commission of offences under Sections 3, 7(1)(a)(ii) of the Essential Commodities Act r/w. Section 6 of the Kerala Motor Spirit & High Speed Diesel Oil (Maintenance and Regulation of Supplies) Order, 1979.

3. Allegation against the petitioner is that on 23.01.2022, at

about 10.00 pm, when the Inspector of Police, Melattur police station and his party conducted a search at a quarry being operated by the petitioner and others, they found 11 barrels of diesel which had been stored there unauthorizedly and against the provisions of Kerala Motor Spirit & High Speed Diesel Oil (Maintenance and Regulation of Supplies) Order 1979 which is issued under Section 3 of the Essential Commodities Act.

4. Learned counsel appearing for the petitioner would submit

that the allegation is totally baseless. It is submitted that a reading of the First Information Statement would suggest that the material stored was not conclusively determined to be diesel. It is submitted that the case has been registered only on account of the fact that the owners of the property on which the quarry is situated were accused of having obstructed the police party from discharging their duties which led to registration of

BAIL APPL. NO. 751 OF 2022 3 Crime No.38/2022 of the same police station, against them. It is submitted tat the provisions of the aforesaid Order have no legal force as the subject matter of that order is now covered by an order issued by the Central Government and both these orders cannot operate simultaneously. Finally, it is submitted that considering the nature of the allegations, custodial interrogation of the petitioner is not necessary in the matter.

5. Learned Public Prosecutor submits that the petitioner is

clearly guilty of the offence alleged against him. It is submitted that there is a clear prohibition in storing diesel in an operational quarry. It is submitted that the custodial interrogation of the petitioner is absolutely necessary in the facts and circumstances of the case.

6. Having regard to the facts and circumstances of the case and

considering the nature of the allegations against the petitioner, I am of the opinion that anticipatory bail can be granted to the petitioner subject to strict conditions as the custodial interrogation of the petitioner does not appear to be necessary in the facts and circumstances of the case. In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.41/2022 of Melattoor police Station subject to the following conditions:-

(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees BAIL APPL. NO. 751 OF 2022 4 fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No.41/2022 of Melattoor Police station at 10.00 am on 07.03.2022 and 08.03.2022 and thereafter, as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.41/2022 of Melattoor police station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 41/2022 of Melattoor police station may file an application before the jurisdictional Court, for cancellation of bail. Sd/- GOPINATH P., JUDGE ajt

Same Court & Year Kerala · 2022 Same Parties Devan P M vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.