N.V.Kurian vs State Of Kerala

Dr Kauser Edappagath, J

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

The petitioner is the accused No.1 in Crime No.36/2022 of Excise Range Office, Aluva. The offences alleged are under Sections 55(a), 67B, 12C r/w 55C of the Abkari Act.

The prosecution case in short is that the petitioner along with the remaining accused stored spirit in 40 cans of 35 litres each at the goods cabin of the vehicle Ashok Lyland bearing Reg.No.KL-41 J 9242 and 194 cans of 35 litres at the premises of J.K. Enterprises, Edayar belongs to the 1st accused.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.

The petitioner was remanded to judicial custody on 31.03.2022. Initially the recovery of 40 cans were made from the possession of accused Nos.2 and 3 admittedly. Thereafter, on the basis of the statement given by the 2nd accused the premises of the 1st accused was inspected and 194 cans of spirit was also seized. According to the petitioner, he leased out a portion of his building to the 2nd accused for sanitizer business and the 2nd accused without his knowledge kept the cans contained spirit. The learned Public Prosecutor has produced before me the statement of the 2nd accused. In the said statement, 2nd accused has admitted that he has taken a portion of the building belonging to the 1st accused and stored spirit therein. In view of the nature of the crime and the stage of investigation, I do not find any reason to hold that the continued detention of the petitioner is required for any purpose. The investigation seems to have reached a fair stage. For all these reasons, the petitioner is entitled to be released on bail on conditions.

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

(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

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

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

(iv) The petitioner shall not commit any offence of like nature while on bail.

(v) The petitioner 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.

(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court.