SHIHAB ABOOBACKER Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is the 2nd accused in Crime No.38/2007 of Thenhipalam Police Station for an offence punishable under section 7(1)(ii) of the Essential Commodities Act, 1955 and clause III(4) of the Liquefied Petroleum Gas Regulatory Supply Distribution Order, 1995, seeks anticipatory bail.

(2.) Learned Public Prosecutor opposed the application submitting, inter alia, that accused Nos.1 and 2, who are brothers, were conducting a private unlicensed gas agency and indulging in illicitly transferring indane gas to their own cylinders for using in motor vehicles and that the first accused was found in possession of 10 gas cylinders of 40 kgs.

(3.) Anticipatory bail cannot granted in a case of this nature. There is no reason why the petitioner should not surrender before the Investigating Officer for interrogation and then have his application for regular bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner is directed to surrender before the Investigating Officer on any day between 27.2.2007 and 1.3.2007 for the purpose of interrogation and recovery of incriminating materials, if any. The petitioner shall, thereafter, be produced before the Magistrate concerned on the same day. The Magistrate shall consider and dispose of the application, if any, filed by the petitioner for regular bail, preferably on the same date on which it is filed. This application is disposed of as above.