Sajan vs State Of Kerala

A. Badharudeen, J

This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking regular bail and the petitioner is the third accused in crime No.10/2023 of Kunnamkulam Excise Range, Thrissur.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the relevant materials form part of the case diary produced by the learned Public Prosecutor.

The prosecution allegation is that, at about 8.50 am on 01.02.2023, 431 litre of spirit and 380 litre of illicit liquor were taken into custody by the Excise Inspector, when the 1st accused was transporting the same in a Bolero maxitruck Plus bearing registration No.KL-47-P-8089, against the prohibitions contained in the Kerala Abkari Act. Pursuant to arrest and recovery, crime alleging commission of offences punishable under Sections 55(a), 57(a), 58 and 67B of the Kerala Abkari Act was registered and the same is on investigation. When the 1st accused was questioned, he had disclosed that the contraband was supplied by the 2nd accused. On investigation, the petitioner herein, who being the Manager cum Driver of the 1st accused, got arrayed as 3rd accused in this case on the allegation that the 3rd accused is the person who collected and transported the contraband in the vehicle.

It is submitted by the learned counsel for the petitioner that the petitioner is innocent and he is merely an employee of the 1st accused. Further, it is submitted that he has no criminal antecedents and the investigation has achieved much progress.

Whereas the learned Public Prosecutor strongly opposed bail on the submission that the petitioner herein is the Manager cum Driver of the 1st accused and the recovered contraband was transported by the 3rd accused. Therefore, in a case involving 431 litre of spirit and 380 litre of illicit liquor, the petitioner cannot be released at this primitive stage, as the same would hamper the investigation.

On perusal of the available materials, it could be noticed that the petitioner, being the Manager cum Driver of the 1st accused, has an active role in this crime and his status cannot be as that of a mere employee, without any knowledge regarding possession and transport of the contraband. However, he has no criminal antecedents. Therefore, taking note of his custody from 04.05.2023, he can be enlarged on regular bail.

In the result, this petition stands allowed. The petitioner is enlarged on regular bail on the following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall appear before the Investigating Officer as and when directed.

iv. The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if informed or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.