Kerala High Court
Martin P.E Aged 40 Years vs Unknown on 20 July, 2012
Author: N.K. Balakrishnan
Bench: N.K.Balakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
FRIDAY, THE 20TH DAY OF JULY 2012/29TH ASHADHA 1934
Bail Appl..No. 4888 of 2012 ()
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CRIME NO:732/2012 OF KALADY POLICE STATION
ACCUSED(S)/PETITIONER:
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MARTIN P.E AGED 40 YEARS
S/O.ESTHAPANOSE, PALLICKAL HOUSE, ANGADIKADAVU
ANGAMALY, ERNAKULAM.
BY ADVS.SRI.V.V.ASOKAN
SRI.P.P.RAMACHANDRAN
COMPLAINANT(S):
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STATE OF KERALA
(STATION HOUSE OFFICER KALADY POLICE STATION)
REP.BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.JASMINE V.H.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
JJJ
N.K. BALAKRISHNAN, J.
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B.A. No: 4888 of 2012
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Dated this the 20th day of July, 2012
O R D E R
The petitioner is the accused in Crime No:732/2012 of Kalady Police Station, Ernakulam District. The offences alleged are under sections 406 and 420 of IPC and section 3(1) r/w section 7 of Essential Commodities Act. Apprehending arrest, this petition is filed for anticipatory bail.
2. The petitioner is the Managing Partner of M/s.Pallickal Agro Mills, Mattoor. It is alleged that from 2005 onwards the petitioner was entrusted with the milling of paddy by the Civil Supplies Corporation, in return of which the milled rice was to be supplied by the petitioner. An agreement was entered into by the petitioner and the Kerala State Civil Supplies Corporation.
3. It is stated that on 25.06.2012 a routine inspection was conducted by the officials of the Civil B.A. No: 4888/2012 -2- Supplies Corporation and accepted the quality of the products except batch no. 376 out of 75 batches. Again surprise inspection was conducted on 03.07.2012 by the Civil Supplies Department officials. The petitioner contends that those officials simply suggested that there is some deviation in the quality of the finished products and that it was only an assumption made by those officials. It is further contended that since the petitioner is a rice miller doing business in open market, no offence can be charged against him. This contention has been strongly resisted by the learned Public Prosecutor.
4. I have gone through the inspection report made available in the Case Diary. It was stated that samples were taken in random from among the bags of rice inspected by them. It was stated that the petitioner deliberately and intentionally mixed up poor quality rice with intent to cause wrongful loss to the Civil Supplies Corporation, ration B.A. No: 4888/2012 -3- dealers and ultimately to the poor customers mostly of Below Poverty Line. The contention that there was no element of cheating is found to be untrue.
5. With regard to Stack No: 334 containing 400 bags, it was noted "The approved sample is 'Unda' variety and lot found as 'Vadi' variety mixed with other slender variety inferior rice. Discoloration noticed. The poor general appearance there by the merchantability was much affected badly".
6. With regard to Stack No:375 containing 400 bags it was reported "The approved sample is 'Unda' variety and lot found as 'Vadi' variety mixed with other slender variety inferior rice. Discoloration noticed. The poor general appearance there by the merchantability was much affected badly".
7. As regards Stack No: 311 containing 400 bags, it was noted " Same defects as in sample no.1 found as B.A. No: 4888/2012 -4- mixtures of Unda and Vadi rice".
8. As regards to Stack No: 378 containing 400 bags, it was noted "The approved sample is of white matta rice but the lot kept is with high percentage of discolored and broken grains which affected the appearance of the commodity".
9. As regards to Stack No: 337 containing 170 bags, it was noted "The approved sample is of Rose Unda Rice. But the lot kept is of white rice, the variety variation is viewed in a serious way and is not to be happened".
10. It was further certified that there was infestation in the form of live insects found in almost all lots. It was also stated that separate branded items of the said mill was kept in the godown in the brand name of 'Polima' along with the stock of CMR rice stock. The very fact that the discoloured and broken rice and also low/poor quality rice was mixed up with Unda etc would clearly indicate that it B.A. No: 4888/2012 -5- was not a natural and unnoticeable defect but was a calculated and deliberate act done by the accused to cause wrongful gain to himself and wrongful loss to the Civil Supplies Corporation, ration dealers and ultimately to the poor people who depend on ration articles for their livelihood. It is not a case where the court can view this so lightly. The Court cannot exercise the discretion to grant anticipatory bail to the petitioner.
11. Considering the gravity of the offence, I am not inclined to grant anticipatory bail to the petitioner. This petition is hence dismissed.
Sd/-
N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj