Subi S.S. 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.3 in Crime No.108/2021 of Neyyattinkara Excise Range. The offences alleged are under Sections 55(a), 58 and

67B of the Kerala Abkari Act.

The prosecution case in short is that the accused No.1, Joy transported 175 litres of spirit in 5 cans each having capacity of 35 litres in an auto-

rickshaw bearing registration No.KL-21-C 1941 on 1.11.2021 at 8.50 pm at Aalampotta, Perumpazhuthoor, Neyyattinkara and on questioning him it

was revealed that Paveen and his lorry driver Subi, the petitioner herein had brought spirit from Nagarcoil in goods carrier truck bearing No. KL-01-

AM 2919. Recovery was effected from the house of the accused No.1 and 1190 litres of spirit kept in 34 white cans each having capacity of 35 litres

was seized. Vehicle bearing No. KL-01-AM 2919 was examined and the accused who was the driver of the vehicle was arrayed as the accused

No.3 and was arrested. The vehicle was sized on the basis of the statement given by the accused and recovery was effected. From the vehicle

bearing No.KL-01-M 6933 Tata Mini lorry belongs to Binu, 385 litres of spirit was seized and the same were found kept in 11 cans having capacity of

35 litres each. The crime was registered under Sections 55(a), 58 and 67 B of the Kerala Abkari Act and the accused was remanded to custody on

2.11.2021.

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.

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 arrested on 1.11.2021 remanded to judicial custody on 2.11.2021. 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 and is almost over. Recovery is effected. The petitioner was only the driver of the vehicle in which the contraband article was transported. 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 `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.