Abdul Majeed v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 Bail Appl..No. 1922 of 2015 () ------------------------------- CRIME NO. 341/2015 OF MANNARKKAD POLICE STATION, PALAKKAD ------------------ PETITIONER/ACCUSED(RANK NOT KNOWN) :

--------------------------------------------------------------- ABDUL MAJEED, AGED 51 YEARS, S/O.PAKIYAMU MASTER, PUTHENKATIL HOUSE, VELUTHUR.P.O., MELATUR(VIA), PALAKKAD.

BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT/STATE OF KERALA :

------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANNARGHAT POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K. ABRAHAM MATHEW, J.

---------------------- Bail Appl. No.1922 of 2015 -------------------------------------------- Dated this the 26th day of May 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioner apprehends that he will be arrested by the Police on the accusation that he has committed the offences under Secs.3(1) read with Sec.7 (1)(A) (ii-1) of the Essential Commodities Act, 1965, under Sec.409 of Indian Penal Code and under order 5(A) of the Kerala Rationing Order, 1965. The prosecution version is that he assisted the co-accused to remove 18 bags of rice from the godown of the supplyco of which he was in charge so that it might be sold in public market. There were other items also along with the rice.

3. Heard both sides.

4. The learned counsel for the petitioner submits that the petitioner was not present in the godown. But there is no denial that he was in charge of the godown from which the articles were removed in a jeep. Prima facie, without the assistance of the petitioner,

Bail Appl. No.1922 of 2015 2 the offences could not have been committed. Releasing him on anticipatory bail will frustrate the investigation. In the result, this bail application is dismissed. Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge