Sanoj V. V. vs State Of Kerala

A. Badharudeen, J

Regular bail plea, at the instance the common petitioner, who is the sole accused Crime No.26/2023 of Kumbala Excise Range Office, Kasaragod and the 1st accused Crime No.104/2023 of Kumbala Police Station, Kasaragod, is the crux of these petitions, filed under Section 439 of the Code of Criminal Procedure.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

I have perused the relevant records.

In B.A.No.1739/2023, the prosecution case is that, at about 13.00 hrs on 20.2.2023, the accused herein was found in possession of 3.250 litre of beer and 5 lire of Indian Made Foreign Liquor, for the purpose of sale, against the prohibitions contained in the Kerala Abkari Act. Accordingly, the contraband was recovered and the accused was nabbed. Pursuant to arrest and recovery, crime, alleging commission of offences punishable under Sections 55(ii) and 67 of the Kerala Abkari Act, was registered against the petitioner.

In B.A.No.1740/2023, the prosecution case is that, at about 13.50 hrs on 20.2.2023, when the Excise party reached the place of occurrence and while taking the petitioner/accused in custody, in connection with Crime No.26/2023 in B.A.No.1739/2023, the accused along with his friend Manoj, obstructed the duty of the Excise officials and tore the uniform of one Prajith, who is one among the members of the Detecting party. On this basis, prosecution alleges commission of offences punishable under Sections 353, 332 r/w Section 34 of the Indian Penal Code.

While pressing for grant of regular bail to the petitioner, whose arrest was recorded on 20.2.2023, the learned counsel for the petitioner would submit that the petitioner is innocent and the allegations are false. According to him, the Excise party recovered the contraband on flimsy allegations and there occurred a normal resistance. However, the Excise party arrested the accused and therefore, the allegations in this crime, are false. Pointing out the custody of the petitioner from 20.2.2023 and the progress of investigation, the learned counsel for the petitioner canvassed the relief of regular bail.

Whereas, the learned Public Prosecutor would submit that, in Crime No.26/2023, the prosecution allegation is that, the accused herein possessed 3.250 litre of beer and 5 lire of Indian Made Foreign Liquor, for the purpose of sale. Accordingly, the contraband was recovered by the Excise officials, as per law. Thereafter, crime was registered, alleging commission of offences punishable under Sections 55(ii) and 67 of the Kerala Abkari Act. When the petitioner was attempted to be arrested in connection with Crime No.26/2023, the officials were disturbed, as alleged. It is also submitted by the learned Public Prosecutor that, the police arrested the petitioner in Crime No.26/202023 and he has been in custody from 20.2.2023 onwards. It is also pointed out that B.A.No.1739/2023 is the regular bail application filed by the petitioner in Crime No.26/2023.

On perusal of the reports of the Investigating Officer in Crime No.104/2023 of Kumbala Police Station as well as in Crime No.26/2023 of Kumbala Excise Range Office in Kasaragod, the prosecution case is well made out. In short, when the Excise officials intercepted the petitioner, since he was found in possession of 3.250 litre of beer and 5 litre of Indian Made Foreign Liquor, the petitioner obstructed the recovery and arrest, along with his friend Manoj. The said overt act led to registration of Crime No.104/2023. Despite the resistance and obstruction of duty of the Excise officials, the Excise officials arrested the petitioner along with the above said contraband, after registering Crime No.26/2023. Thus, prima facie, it appears that the prosecution case in both the crimes is well established and the petitioner is a person, having involvement in two more Abkari Act offences, vide Crime Nos.154/2022 and 182/2022 of Kumbala Excise Range, alleging commission of offences punishable under Section 13 r/w Section 63 of the Kerala Abkari Act. The petitioner has been in custody from 20.2.2023. The allegation against the petitioner that he had possessed illicit liquor for the third time itself is a serious matter. The same has an adverse effect, when the prosecution alleges that the petitioner, along with his friend alleged to have obstructed the Excise officials from doing their official duties, when the petitioner was found in possession of illicit liquor, against the prohibitions contained in the Kerala Abkari Act. The involvement of the petitioner in two more crimes, during 2022, would further aggravate his claim for bail. However, taking note of his custody from 20.2.2023 and the progress of the investigation, he can be enlarged on bail, on stringent conditions and one among the conditions is that the petitioner herein shall not involve or indulge in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.

Accordingly, the bail application is allowed and the petitioner is released on bail, by imposing 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.