Biju @ Baiju vs State Of Kerala

K.Haripal, J

B.A. No. 5291/2021 is filed by accused Nos. 5, 6 and 7 in Crime No. 93/2021 of Excise Range, Alathur whereas petitioners in B.A. No. 5326/2021

are accused Nos. 1 to 4. All of them were arrested for the case on 27.06.2021.

I heard the learned counsel for the petitioners and also the learned Public Prosecutor.

According to the learned counsel for the petitioners, petitioners are in judicial custody for the last 26 days, that investigation has progressed

considerably and their continued detention is not necessary.

According to the learned counsel for the petitioners in B.A. No. 5326/2021, accused Nos. 1, 2 and 5 were released to police custody for four days,

but on the third day, one of them tested covid positive and all of them were returned to judicial custody. According to the counsel for the petitioners, in

fact the mischief was committed by the ninth accused and the place of occurrence is the building of the ninth accused. Accused Nos. 8 and 9 have

already been surrendered and they have not yet moved any application for bail. The learned counsel also submitted that the petitioners are mere

employees under the ninth accused; they were engaged in loading and unloading, bottling, cleaning and were doing such other odd works; they do not

have any complicity in the alleged crime. It is also submitted that they do not have criminal antecedents to their credit. So, the counsel prayed for

granting them regular bail.

The learned Public Prosecutor has submitted that there are 21 accused in the crime. When the Excise party raided the place of occurrence, the

residence of the ninth accused, they noticed mixing of toddy in progress, 1312 litres of adulterated spirit was seized from the place along with 560 litres

of spirit solution and also 2275 litres of toddy. All these items were intended for distribution in Alathur and Kuzhalmannam Excise Ranges.

To my specific query, the learned Public Prosecutor has submitted that, these petitioners do not have criminal antecedents to their credit,

considering the stage of investigation their further detention is not necessary.

Therefore, even though they were also privy to the illegal activities done in the said building, having regard to the stage of investigation, they shall be

released on bail on the following conditions:-

i) The petitioners shall execute separate bond for Rs.50,000/-(Rupees Fifty Thousand Only) each with two solvent sureties each for the like sum to the satisfaction of

the jurisdictional court;

ii) They shall not try to contact or influence the witnesses or tamper with the evidence;

iii) They shall not involve in any crime during the bail period;

iv) They shall not leave the country without permission of the jurisdictional Court;

v) They shall appear before the Investigating Officer/jurisdictional court as and when required;

vi) The petitioners shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of

Covid 19 pandemic;

vii) If any of the above conditions are violated by the petitioners, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

The bail applications are allowed as above.