Vincent vs State Of Kerala

This is an application filed for regular bail under Section 439 Cr.P.C. The petitioner is the accused in crime No.21 of 2021 of Excise Range Office,

Ernakulam. The offence alleged is under Section 55(g) of the Abkari Act. The allegation is that on 30.04.2021 he was found in possession of 40 liters

of wash at his residential house at Kunjithai Kara. He was arrested on the very same day and since then he is in judicial custody. The learned counsel

for the petitioner submitted that he is innocent of the allegations and he was falsely implicated in the offence. It is also submitted that at the moment he

is affected with Covid-19 and is undergoing treatment. He is also reported to be a liver cirrhosis patient and therefore, he seeks regular bail. Learned

Public Prosecutor opposed the application. However, considering the illness of the petitioner and the situation prevailing on account of the Covid-19, a

lenient view can be taken.

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 30.04.2021 and now 9 days have been elapsed. Apparently, investigation is proceeding smoothly and

uninterruptedly. 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. 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.

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. 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.

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.