Suneer vs State Of Kerala

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

The petitioner is accused in Crime No 179 of 2021 of Nenmara Police Station, Palakkad District. The offence alleged is under section 55 (a) of the

Kerala Abkari Act.

The allegation against the petitioner is that, on 06.05.2021, he was found in possession of 10.800 Liters of Indian Made Foreign Liquor. According

to the prosecution, the same was intended for sale.

The petitioner was arrested on 06.05.2021 and he is in judicial custody since then.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is innocent and he was falsely implicated in the present case. It is contended by

him that, the materials available are not sufficient to establish the offence alleged against him. It is contended that, the bottles found were containing

the label of Kerala State Beverages Corporation and the same were never intended for sale. According to him, at the most, even if the possession of

the liquor in the quantity as alleged is assumed to be true, that by itself will not attract the offence under section 55 (i) and it will attract only the

offence under section 63 for possession excess quantity, which is punishable with imprisonment for two years and fine only. The learned Public

Prosecutor opposed the bail application. According to him, the accused committed the offences alleged against him and in case the petitioner is

released on bail, he is 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 to show the possession of liquor by the petitioner. However the crucial

question is whether such possession was in course of import, export or transit. As of now, it cannot be concluded, it was so. No criminal antecedents

were also reported against the petitioner. Apparently, the investigation is proceeding smoothly and no further recovery is also to be made. Further

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.

Thus, considering the totality of the facts and circumstances, I am of the view that the petitioner can be released on bail, subject to some 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 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 petitioner shall also appear before the investigating officer as and when required by him.

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

(vi) 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.

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