LAWS(KER)-2020-10-478

SIJO PAUL Vs. STATE OF KERALA

Decided On October 08, 2020
Sijo Paul Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The applicant is the 5th accused in Crime No.1011 of 2020 of Perumbavoor Police Station, Ernakulam, for having allegedly committed offences punishable under Section 55 (g), (d) of the Kerala Abkari Act. The prosecution case, in brief, is this:

(2.) On 30.04.2020, at about 01.15AM, the Police Officials, on duty, intercepted the 1st accused, while he was travelling in an Innova car, he was found to be transporting 300 litres of wash in the car. On the basis of the confession statement given by the 1st accused, accused 2 to 4 were also implicated. The applicant states that he is innocent and has been implicated solely on the basis of the confession statement given by the 1st accused. He has nothing to do with the alleged act of possessing wash for the purpose of distillation. It is also stated that the applicant has no criminal antecedents. And, therefore, he may be released on anticipatory bail.

(3.) Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The specific contention of the applicant is that he has been implicated solely, on the basis of a confession statement. Confession statements are admissible, provided there are other corroborative material to support such evidence. The investigation is still at a very nascent stage. And, therefore, the Investigating Officer has still more time to collect evidence in support of the confession statement, allegedly given by the 1st accused.