BAIL APPL No. 4387 of 2006 · Kerala High Court
Case at a glance
Outcome
Disposed of
The application is disposed of as above
Provisions considered
Key paragraphs
- Para 55. The learned Magistrate shall allow the petitioner to be on bail, imposing such conditions, as are deemed necessary. If any custody application of the petitioner is sought for by the prosecution, the same shall also be considered, before disposing the bail application. The application…
Judgment
J.M.JAMES, J.--------------B.A. 4387/2006------------------DATED THIS THE 23RD DAY OF AUGUST, 2006
O R D E RThe petitioner is the sole accused, in crime No.213/2006 of Kalpakancherry Police Station, for the offence punishable under Sections 6, 7(1) and (2) of the 'LiquifiedPetroleum Gas (Regulation of Supply and Distribution)order, 2000' read with Section 3(1), 7(1)(a) and (ii) of the Essential Commodities Act, 1955.
The allegation is that the petitioner had been found unauthorisedly filling gas, in the gas cylinders, in his premises and therefore, 41 gas cylinders and the implements for unauthorised filling of gas, were seized by the police, during the search of the premises.
I heard the learned counsel. The occurrence took place on 8.11.2005 at 1.45 p.m. The crime had been registered on 9.6.2006. The learned Public Prosecutorsubmitted that the petitioner is required for interrogation. The counsel, however, submitted that the custodial B.A.4387/20062interrogation of the petitioner, may not be necessitated.
After hearing both sides and considering the facts on record, I direct the petitioner to surrender before the Investigating Officer, who is investigating crime No.213/2006 of Kalpakancherry Police Station, on31.8.2006 between 10.30 a.m and 11.00 a.m. TheInvestigating Officer shall interrogate the petitioner and thereafter, produce him before the competent Court of law, as per the procedure.
Operative part
The learned Magistrate shall allow the petitioner to be on bail, imposing such conditions, as are deemed necessary. If any custody application of the petitioner is sought for by the prosecution, the same shall also be considered, before disposing the bail application. The application is disposed of as above.J.M.JAMESJUDGEmrcs
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The application is disposed of as above
Which statutory provisions did this judgment involve?
theEssential Commodities Act, 1955.
Which court decided this case, and when?
Kerala High Court, on 23 Aug 2006. The bench was M JAMES.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.