ALEX P ABRAHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) These are applications filed under Section 438 of the Code of Criminal Procedure, hereinafter referred to as the Cr.P.C., by accused Nos.6, 5 and 4 respectively in crime 571/2021 Pulikeezhu police station in Pathanamthitta district. That crime was registered on 01/07/2021 alleging offence under Section 379 read with 34 of IPC. There are seven accused in the FIR. The substance of the crime is that accused Nos.1 and 2 who are drivers of tanker lorry Nos.KL- 42-S 6822 and KL-42-S-9322 respectively were engaged in transporting spirit from Barua in Madhya Pradesh to Travancore Sugars and Chemicals Ltd., hereinafter referred to as the company, at Pulikeezhu, Thiruvalla. They reached the company on 30.06.2021 at 12:15 hours. When the defacto complainant Vinod G. Krishna, who is the Excise Inspector, had examined the contents of the lorries there was shortage of 20,386 litres of spirit, that is 12687 litres from KL- 42-S-6822 and 7699 litres from KL-42-S-9322; that means large quantity of spirit was dishonestly thieved by accused Nos.1 and 2. When questioned, accused Nos.1 and 2 confessed that they had pilfered so much quantity of spirit at a place by name Sendwa in Madhya Pradesh with the connivance of the 3rd accused and sold it to the 7th accused and caused a loss of Rs.12 lakhs. On the basis of the information furnished by the said Circle Inspector, the crime was registered alleging offence under Section 379 read with 34 of the IPC against seven persons. Accused Nos.1 and 2 are drivers of lorries, accused Nos.3 to 6 are officials of the company and the 7th accused is the said person to whom spirit was sold. It has also come out that during the course of investigation offences under Section 55(a) of the Abkari Act and Section 120B of IPC also have been incorporated. Now apprehending arrest the petitioners have approached this Court.

(2.) Petitioner in B.A.No.4160/2021 is the 6th accused who is the the Deputy Manager (Production). She has pleaded that she is totally innocent and has been made accused at the instance of the 3rd accused storekeeper, who was not going on well with her. There are reasons for the 3rd accused to be sore at her, she has no knowledge about the said commission of the crime.

(3.) Similarly, the 5th accused who is the applicant in B.A.5419/2021, filed on 16.07.2021, is the Manager (Personnel and Administration) of the company. According to him, he has put in blemishless service in the company for the last about 22 years, that he is retiring in July, he has no knowledge of the alleged crime and that he has been implicated in the crime without any basis.