This is an application for bail filed by the accused Nos.1 and 2 in Crime No.13/14 of Vandiperiyar Excise Range of Idukki District under Section 439 of the Code of Criminal Procedure.
2. The case of the prosecution in nutshell was that on 11.04.2014 at about 3.00 p.m. at Vandiperiyar, accused Nos.1 and 2 were found transporting 137 bottles of Apetiser/energy drink, each containing 750 ml., which is supposed to be a substitute for alcohol in a vehicle with Reg.No.KL-35/D-2243 which they purchased from third accused for the purpose of sale in violation of the provisions of the Abkari Act and thereby, they have committed the offence punishable under Section 58A & 67B of Abkari Act.
3. The counsel for the petitioners submitted that the petitioners have not committed any offence and they are innocent of the same and they have been falsely implicated in the case. Further, they have purchased the above articles from an authorized dealer and manufacturer as per bill and they are also having licence to sell the same and while they were transporting the same for distribution to the customers, they have been intercepted by the Excise officials and they are in jail from 11.04.2014 onwards. In fact, no offence was committed by them.
4. On the other hand, the learned Public Prosecutor submitted that the investigation of the case is over and final report has already been filed.
5. It is an admitted fact that the petitioners were arrested by Vandiperiyar Excise officials on 11.04.2014 at about 3.00 p.m while they were transporting 137 bottles of Apetiser with name Chinnus Apetiser, which is being manufactured by third accused according to the petitioners, in vehicle No. KL-35/D-2243. The petitioners have produced certain documents to show that third accused was a licenced to manufacturer and dealer to manufacture this article and they purchased the same as per valid bill. The learned Public Prosecutor submitted that the licence granted to the third accused has been cancelled as early as on 13.09.2013. All those matters to be considered by the trial court on the basis of the evidence. However, investigation in this case has been completed and final report has been filed. It is submitted by the learned Public Prosecutor that Chemical Analysis Report has not been obtained in this case and third accused has not been arrested. The final report has already been filed and so the custody of the petitioners is not required in connection with the investigation, most of the witnesses are Excise officials. So, the apprehension of the prosecutor that if they are released on bail, they are likely to influence the witnesses also has no force. Considering the circumstances, this court feels that bail can be granted to the petitioners with some stringent conditions. So, the application is allowed with the following conditions.
1) The petitioners shall be released on bail on executing a bond for Rs.50,000/- each with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court, No-I, Peerumedu.
2) The petitioners shall not intimidate or influence the witnesses.
3) The petitioners shall not involve in any other crime of similar nature during bail period.
4) The petitioners shall not leave State of Kerala without getting prior permission either from the Judicial First Class Magistrate Court, No.I, Peerumedu or from the court to which the case will be committed for trial till the final report is filed.
With the above conditions, the application is allowed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
Bb [True copy] P.A to Judge