Suresh Manivel And Anr vs State Of Kerala

Application for regular bail under Section 439 Cr.PC.

The applicants are accused 1 and 3 in Crime No.132/2020 of Kayamkulam Excise Range for having allegedly committed offences punishable under

Sections 55(a), 55D, 57(a), 58 and 67B of the Kerala Abkari Act.

The prosecution case, in brief, is that on 20.10.2020 at about 12.10 p.m., the Excise Officials intercepted the accused persons while the first

accused was allegedly found the second accused who was following the van bearing Regn.No.KL-4-J-7845 driven by the 3rd accused, in another car,

and handing over the rectified spirit to the first accused, for being mixed with 660 litres of toddy loaded on a Van, in front of a house named

“Poornimayil†in Kandalloor South Muri, Kandalloor Village. On seeing the Excise Officials, the second accused fled away from there and could

not be apprehended. The first accused who was allegedly involved in mixing of spirit with toddy and the third accused, who was the driver of the van,

were apprehended and remanded to judicial custody and they continue to remain in judicial custody.

The applicants state that they are innocent and that the allegations are not true. It is stated that the first accused was the cleaner of the lorry, while

the third accused was the driver and that they knew nothing about the mixing of the spirit with the toddy. What was recovered was only three litres of

spirit and 660 litres of toddy which was allegedly mixed with spirit. The chemical analysis report is still awaited and it has not yet been confirmed

whether the toddy was actually mixed with the spirit. The lorry had the licence required for the movement of toddy. Therefore, unless it is confirmed

that the toddy was mixed with the spirit, the entire quantity cannot be alleged to be the adulterated toddy. The quantity of spirit that was seized from

the lorry is only three litres and it is submitted by the learned Prosecutor that the applicants have no criminal antecedents. Since they have been in

custody consequent to the arrest on 20.10.2020, further incarceration of the applicants may not be necessary for the purpose of interrogation. Hence,

the applicants are entitled to bail.

In the result, the Bail Application is allowed and the applicants are directed to be released on bail on the execution of a bond for Rs.1,00,000/-

(Rupees One lakh only) each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court. The sureties shall

preferably be from the local area as the first accused is from Tamilnadu. The granting of bail is subject to the following conditions:

(i) They shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of the

final report, whichever is earlier.

(ii) They shall not attempt to influence or intimidate the witnesses or tamper with evidence.

(iii) They shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.