Bail Appl./10042/2021 of SUBI S.S. Vs STATE OF KERALA on 31 December 2021

O R D E R

Dated this the 31

st day of December, 2021

This is an application filed u/s 439 of Code of CriminalProcedure seeking regular bail.

2. The petitioner is the accused No.3 in CrimeNo.108/2021 of Neyyattinkara Excise Range. The offencesalleged are under Sections 55(a), 58 and 67B of the KeralaAbkari Act.

3. The prosecution case in short is that the accused No.1,Joy transported 175 litres of spirit in 5 cans each having capacityof 35 litres in an auto-rickshaw bearing registration No.KL-21-C1941 on 1.11.2021 at 8.50 pm at Aalampotta, Perumpazhuthoor,Neyyattinkara and on questioning him it was revealed thatPaveen and his lorry driver Subi, the petitioner herein hadbrought spirit from Nagarcoil in goods carrier truck bearing No.KL-01-AM 2919. Recovery was effected from the house of theaccused No.1 and 1190 litres of spirit kept in 34 white cans eachhaving capacity of 35 litres was seized. Vehicle bearing No. KL- 01-AM 2919 was examined and the accused who was the driverof the vehicle was arrayed as the accused No.3 and was arrested.The vehicle was sized on the basis of the statement given by theaccused and recovery was effected. From the vehicle bearingNo.KL-01-M 6933 Tata Mini lorry belongs to Binu, 385 litres ofspirit was seized and the same were found kept in 11 canshaving capacity of 35 litres each. The crime was registered underSections 55(a), 58 and 67 B of the Kerala Abkari Act and theaccused was remanded to custody on 2.11.2021.

4. Heard both sides and perused the case diary.

5. The learned counsel for the petitioner submitted thatthe petitioner is absolutely innocent and he has been falselyimplicated in the present case. He further submitted that thereare no materials to connect the petitioner with the alleged crimeand hence he is entitled to get bail. The learned Public Prosecutoropposed the bail application. He contended that the allegedincident occurred as a part of the intentional criminal acts of thepetitioner and if the petitioner is released on bail at this stage, itwould affect the course of investigation.

B.A.No.10042/2021

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6. Perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioner with thecrime. However, the petitioner was arrested on 1.11.2021remanded to judicial custody on 2.11.2021. In view of the natureof the crime and the stage of investigation, I do not find anyreason to hold that the continued detention of the petitioner isrequired for any purpose. The investigation seems to havereached a fair stage and is almost over. Recovery is effected.The petitioner was only the driver of the vehicle in which thecontraband article was transported. For all these reasons, thepetitioner is entitled to be released on bail on conditions.

In the result, the application is allowed on the followingconditions:-

(i) The petitioner shall be released on bail on executing a

Conclusion

bond for `1,00,000/- (Rupees One lakh only) with two solventsureties for the like sum each to the satisfaction of thejurisdictional Magistrate/Court.

(ii) investigation.

The petitioner shall fully co-operate with the B.A.No.10042/2021

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(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturdayuntil further orders. The petitioner shall also appear before theinvestigating officer as and when required by him.

(iv) nature while on bail.

The petitioner shall not commit any offence of like

(v) The petitioner shall not make any attempt to contactany of the prosecution witnesses, directly or through any otherperson, or any other way try to tamper with the evidence orinfluence any witnesses or other persons related to theinvestigation.

The petitioner shall not make any attempt to contact

(vi) the permission of the trial Court.

The petitioner shall not leave State of Kerala without Sd/- DR. KAUSER EDAPPAGATH

JUDGE

kp True copy

P.A. To Judge