SAJIKUMAR S. Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for regular bail under Section 439 of Cr.P.C.

(2.) The prosecution case, in brief, is that on 20.10.2020 at about 12.10 p.m. the Excise Circle Inspector, Haripad and his party while on patrol duty saw a pick van and white Creta Car is parked on a pocket road near Pullukulangara Temple and when they reached near the van, they saw a person entering into the pick van and pouring some liquid into a barrel which is kept in the pick van, they realised that the pick van contained barrels of toddy meant for distribution to different toddy shops in that area and it was being mixed with spirit. 3 litres of spirit was seized and accused Nos.1 and 3 were arrested from the spot while the 2nd accused managed to flee. Applicants are implicated on the premise that they are also licensees of different toddy shops in and around Kayamkulam range and that the adulteration made by accused Nos. 1 to 3 was for the purpose of sale of toddy in the shops belonging to the applicants who were auctioneers of the shops.

(3.) The applicants state that they are innocent and the allegations are not true. They are not aware of the mixing of the toddy and that they have nothing to do with the alleged adulteration. They are legally authorised licensees to sell toddy in their shops. The applicants have approached this Court for anticipatory bail by filing B.A. No.7246/2020 and the same was dismissed by this Court directing them to surrender before investigating officer and apply for regular bail before the jurisdictional court. Accordingly, they surrendered on 30.12.2020 and they were remanded to judicial custody and continues in custody. The application for bail before the jurisdictional court was dismissed. The applicants pray that they may be released on bail because they do not have any other criminal antecedents. Moreover,they are not directly connected with the alleged adulteration of toddy.