Shibu V vs State Of Kerala And Ors

This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference.

The petitioner is the accused in Crime No.38 of 2021 of Manjeri Excise Range. The above case is registered against the petitioner alleging offence

punishable under Section 55(i) of the Kerala Abkari Act.

The prosecution case is that on 03.04.2021, while the Excise Inspector and party of Manjeri Excise Range engaged in patrolling, they got reliable

information about the illicit possession and storage of large quantity of Indian Made Foreign Liquor for sale. The excise party reached the place at

Madarukundu in Chengara Amsom. The accused was seen there in a suspicious circumstance and on search, 8.950 liters of Indian Made Foreign

Liquor were recovered from his possession. Hence, it is alleged that the accused committed the offence.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned counsel for the petitioner submitted that the petitioner is

in custody from 03.04.2021 onwards. The learned counsel also submitted that even if the entire allegations are accepted, the offence under Section

55(i) of the Kerala Abkari Act is not made out. The learned Public Prosecutor opposed the bail application. The learned public prosecutor submitted

that the petitioner is involved in another case also.

After hearing both sides, I think the bail application can be allowed on stringent conditions. It is true that the petitioner is involved in another case

also. But in this case, the allegation against the petitioner is that he was found in possession of excess quantity of Indian Made Foreign Liquor. The

learned counsel for the petitioner submitted that there is no evidence at this stage to show that the petitioner committed the offence under Section 55(i)

of the Kerala Abkari Act. I do not want to make any observation about the merits of the case. Considering the facts and circumstances of the case, I

think that this bail application can be allowed in the light of the fact that the petitioner is in custody from 03.04.2021 onwards.

Moreover, the 2nd wave of COVID-19 is spreading in the country and the citizens are facing serious difficulties. In the state of Kerala, the 2nd

wave of the pandemic is creating lot of problems and even the day-to-day life of the citizens are affected. Everyday, about 25,000 people are tested

positive with COVID-19. In such circumstances, this Court has to consider this fact also while considering bail applications. The life is more important

than anything. Therefore, I am considering this bail application based on the above pandemic situation.

Moreover, considering the need to follow social distancing norms inside prisons so as to avert the spread of the novel Corona Virus Pandemic, the

Hon'ble Supreme Court in Re: Contagion of COVID-19 Virus In Prisons case (Suo Motu Writ Petition(C) No.1 of 2020) and a Full Bench of this

Court in W.P(C)No.9400 of 2020 issued various salutary directions for minimizing the number of inmates inside prisons. These happened during the

1st wave of COVID-19 season.

Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram. P v

Directorate of Enforcement (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail

remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing

fair trial.

Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed

with the following directions:

The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like

sum to the satisfaction of the jurisdictional Court.

The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the

investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to any police officer.

The petitioner shall not leave India without permission of the jurisdictional Court.

The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

The petitioner shall strictly abide by the various guidelines issued by the State Government and Central Government with respect to keeping of

social distancing in the wake of Covid 19 pandemic.

If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is

granted by this Court.