Shamnad 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 1st and 2nd accused in Crime No 553 of 2021 of Balaramapuram Police Station. The offences alleged are under section

55(a) and 55(h) of

The prosecution case is that the petitioners were found in possession of 8.5 liters of Indian Made Foreign Liquor, filled up in a numbers of small

bottles, which were kept for the purpose of sale.

The petitioners were arrested on 28.03.2021 and they are in judicial custody since then.

Heard both sides and perused the case diary.

The learned counsel for the petitioners submitted that the petitioners are innocent and they were falsely implicated in the present case. It is

contended by him that, the materials available are not sufficient to establish any of the offences alleged against them. The learned Public Prosecutor

opposed the bail application. According to him, the accused committed the offences alleged against them and in case the petitioners are released on

bail, they are likely to influence the witnesses and thereby interfere with the ongoing investigation.

Perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioner with the crime. However, the

petitioner was remanded to judicial custody on 23.03.2021 and now 18 days have been elapsed. Apparently, investigation is proceeding smoothly and

uninterruptedly. Continual of detention appears to be not necessary. It is also a relevant aspect to notice that, on account of the alarming situation

prevailing in the State owing to 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

dated 05/05/2021, 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. Therefore, even though the allegations against the petitioner are serious in nature, this

court is inclined to allow the application. While arriving at the said decision, this court is conscious of the conditions stipulated in section 41A of the

Abkari Act, in the matter of granting of bail. However, the extra ordinary circumstances prevailing in the State on account of COVID-19 pandemic

and the measures that are being taken by all the machineries of the State for fighting the pandemic, compel this court to take a lenient view in the

matter, as an extra ordinary measure. The allegation against the petitioners is that, they were in possession of Indian Made Foreign Liquor and not any

other form of illicit or spurious liquor. This is also a contributory factor for arriving at the said conclusion. Further, the quantity of the same is also not

huge.

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.