Petition filed under Section 438 Cr.P.C.
2. Petitioner is the accused in Crime No.348 of 2015 of Pothukal Police Station, Malappuram District. He is said to have committed the offences under Sections 4 (1) (a) (b) 7(1)(c ) of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order 2000 and Section 3 and 7(1) (a) (ii) of Essential Commodities Act.
3. The prosecution case is that he was found to be in possession of 10 LPG cylinders and equipment used for filling empty cylinders.
4. Heard.
5. The learned counsel submits that the allegation is false and people of the locality used to entrust empty gas cylinders at the petitioner's shop as only up to that point the vehicles bringing gas cylinders could reach. The mahazar prepared at the time of occurrence proves that there were empty cylinders and cylinders full of gas. No cylinder which was partially filled was seized. The probability of the defence version cannot be ruled out. Having regard to these facts I am inclined to grant the prayer of the petitioner for anticipatory bail.
In the result, this application is allowed.
1. The petitioner shall be released on bail after interrogation on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum if he is arrested by the police in connection with this case.
2. He shall appear before the investigating officer for interrogation if he is so required by him in writing.
3. He shall not get himself involved in any other criminal case while he is on bail.
4. He shall not intimidate or attempt to influence the witnesses.
5. He shall not destroy or tamper with the evidence.
6. He shall surrender his passport before the lower court concerned of if he does not have one, he shall file an affidavit to that effect within five days of his release.
7. He shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law.
If the petitioner surrenders before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.
sd/-
K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge