T M Sudhakaran vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 4th accused in Crime No.36 of 2022 of Excise Range Office, Aluva registered alleging commission of offences punishable under Sections 55(a), 67(B, 12C r/w 55C of the Abkari Act.

The prosecution allegation against the petitioner is that he along with the remaining accused stored spirit in 40 cans of 35 litres each at the goods cabin of the vehicle Ashok Lyland bearing Reg.No.KL-41 J 9242 and 194 cans of 35 litres at the premises of J.K.Enterprises, Edayar belongs to the 1st accused.

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

The petitioner was arrested on 24.05.2022 and since then he is in custody. The petitioner submits that transportation of spirit was done by accused Nos.2 and 3 and that A1 are released on bail by this Court as per Annexure-2 order dated 26.04.2022. It is a further case of the petitioner that accused No.3 has granted bail as per Annexure-3 order passed by this Court on 4.5.2022. It is also submitted that accused No.2 is also released as per the order passed by the Sessions Court.

Learned Public Prosecutor strongly opposed the bail application and submits that the petitioner has frequent telephone calls with accused No.3 and that petitioner has also financially funded for the commission of the alleged crime, by transferring amount through the account maintained by the son of the petitioner to the account of accused No.3.

Having regard to the facts and circumstances of the case, and considering the nature of the allegations and further that petitioner is custody from 24.5.2022, I am inclined to grant bail to the petitioner on stringent conditions, and it is ordered that the petitioner shall be released on bail 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 Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him;

(iv) The petitioner shall not commit any offence of like nature while on bail;

(v) 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;

(vi) The petitioner shall not leave State of Kerala without the permission of the trial court.

(vii) If any of the aforesaid conditions are violated, the investigating officer in Crime No. 36 of 2022, Aluva Excise Range Office may file an application before the jurisdictional court, for cancellation of bail.