VINCENT Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed for regular bail under Section 439 Cr.P.C. The petitioner is the accused in crime No.21 of 2021 of Excise Range Office, Ernakulam. The offence alleged is under Section 55(g) of the Abkari Act. The allegation is that on 30.04.2021 he was found in possession of 40 liters of wash at his residential house at Kunjithai Kara. He was arrested on the very same day and since then he is in judicial custody. The learned counsel for the petitioner submitted that he is innocent of the allegations and he was falsely implicated in the offence.

(2.) Perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioner with the crime. However, the petitioner was remanded to judicial custody on 30.04.2021 and now 9 days have been elapsed.

(3.) It is also a relevant aspect to notice that, on account of the alarming situation prevailing in the State owing to wide spread of COVID-19 Pandemic, the Government is taking measures to de-congest the prisons so as to enable the authorities concerned to maintain social distancing within the prisons. As part of the said initiative, they have issued G.O(Rt)No.1311/2021/HOME dated 05/05/2021, directing the authorities concerned to grant parole to eligible inmates of the Prisons in the State, subject to the compliance of Rule 397(L) of the Kerala Prisons and Correctional Services (Management) Rules 2014. The Honourable Supreme Court also, vide order dated 7.05.2021 in Suo Motu Writ Petition (C) No 1/2020 issued various directions for minimizing the strength of inmates in prisons. In my view, the above aspects are also very much relevant while considering this bail application. While arriving at the said decision, this court is conscious of the conditions stipulated in section 41A of the Abkari Act, in the matter of granting of bail. However, the extra ordinary circumstances prevailing in the State on account of COVID-19 pandemic and the measures that are being taken by all the machineries of the State for fighting the pandemic, compel this court to take a lenient view in the matter., as an extra ordinary measure.