The High Court of Kerala dismissed the bail application filed by an accused charged with possession of kerosene contrary to the Kerala Kerosene Control Order and the Essential Commodities Act.
Application for bail under Section 439 Cr.P.C. dismissed; accused not granted bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 14TH DAY OF MARCH 2017/23RD PHALGUNA, 1938
Bail Appl..No. 1255 of 2017 ()
CRIME NO. 34/2017 OF IRIKKUR POLICE STATION, KANNUR DISTRICT.
PETITIONER/ACCUSED:
C.P. JALEEL,
AGED 46, S/O.LATE IBRAHIM, PWD CONTRACTOR, RESIDING AT SAFEENAS, SREEKANDAPURAM AMSOM, VAYAKKARA, P.O. KAITHAPRAM, KANNUR DISTRICT.
BY ADVS.SRI.K.S.MADHUSOODANAN, SRI.M.M.VINOD KUMAR, SRI.P.K.RAKESH KUMAR, SRI.K.S.MIZVER, SMT.S.JESSIN.
RESPONDENTS/COMPLAINANT & FORMAL PARTY:
1. STATE OF KERALA, TO BE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. S.H.O., IRIKKUR POLICE STATION, KANNUR DISTRICT.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
K.ABRAHAM MATHEW, J.
B.A.No.1255 of 2017
Dated this the 14th day of March, 2017
O R D E R
Petition filed under Section 439 Cr.P.C.
No.34/2017 of Irikkur Police Station registered for the offences under Clause 16 of the Kerala Kerosene Control Order, 1968 and Sections 3 and 7(1)(a)(ii) of the Essential Commodities Act, 1955. He was found to be in possession of 2575 litres of kerosene, which was intended to be sold only through authorised ration dealer.
was not intended to be sold.
High Court of Orissa in Masud Baig v. State [2006(1) Crimes 630] wherein it was held that unless it is proved that the accused kept the kerosene in his possession for sale the offence under Section 7(1) of the Essential Commodities Act is not
2
B.A.No.1255 of 2017
attracted. But in Kerala the possession itself is an offence. Under Clause 16 of the Kerala Kerosene Control Order, 1968, the offence is punishable with imprisonment up to seven years.
So, this is not a fit case to grant anticipatory bail.
In the result, this application is dismissed.
Sd/K.ABRAHAM MATHEW JUDGE
sd
// True Copy //
P.A.to Judge
1 issue framed by the court
Whether anticipatory bail should be granted to the accused charged with offences under the Kerala Kerosene Control Order and the Essential Commodities Act.
Colour shows how this judgement treated each authority
Masud Baig v. StateDistinguished¶29
[2006(1) Crimes 630]
3 provisions across 3 enactments
C.P. Jaleel
State of Kerala
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
