Jayakumar And Ors vs State Of Kerala

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

The petitioners are the accused Nos.1 and 2 in Crime No.134 of 2021 of Chithara Police Station, Kollam. Offences alleged against them are under

Section 55 (a) and (i) of the Abkari Act.

The allegation against the petitioners is that, on 18.04.2021 at about 7.45 pm, they were found in possession of Indian Made Foreign Liquor having a

quantity of 20 litres. On the very same day they were arrested and since then they are in custody.

Heard both sides and perused the records.

The learned counsel for the petitioners submitted that they are innocent and were falsely implicated in the present case. On the other hand the

learned Public Prosecutor opposed the said application stating that they were found in possession of IMFL and the 1st accused is involved in other

cases, as well.

After perusing the records and examining the materials available on record, it is seen that there are some materials to connect the petitioners with

the crime. However, taking into account the fact that the article seized was only IMFL, a lenient view can be taken. While taking such a view, this

Court is also taken into consideration the serious situation in the State on account of the wide spread of COVID-19 Pandemic, the Government is

taking measures to de-congest the prisons so as to enable the authorities concerned to maintain social distancing within the prisons. As part of the said

initiative, they have issued G.O(Rt)No.1311/2021/HOME dated05/05/2021, directing the authorities concerned to grant parole to eligible inmates of the

Prisons in the State, subject to the compliance of Rule 397(L) of the Kerala Prisons and Correctional Services(Management) Rules 2014. The

Honourable Supreme Court also, vide order dated 7.05.2021 in Suo Motu Writ Petition (C) No 1/2020 issued various directions for minimizing the

strength of inmates in prisons. In my view, the above aspects are also very much relevant while considering this bail application.

Thus, considering the totality of the facts and circumstances, I am of the view that the petitioners can be released on bail, subject to some

conditions.

In the result, the application is allowed on the following conditions:-

(i) The petitioners shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like

sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioners shall fully co-operate with the investigation.

(iii) The petitioners shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

However, it is made clear that, this requirement shall stand suspended during the period of lock down declared by the Government or any other

competent authorities in this regard.

(iv) The petitioners shall also appear before the Investigating Officer as and when required by him.

(v) The petitioners shall not commit any offence of like nature while on bail.

(vi) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try

to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioners shall not leave State of Kerala without the permission of the trial Court.