Kerala High Court
Dixon V. Davis vs State Of Kerala on 10 June, 2025
BAIL APPL. NO. 6720 OF 2025
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2025:KER:40500
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 10TH DAY OF JUNE 2025 / 20TH JYAISHTA, 1947
BAIL APPL. NO. 6720 OF 2025
CRIME NO.4/2025 OF VACB, THRISSUR,
PETITIONERS/ACCUSED:
1 DIXON V. DAVIS
AGED 48 YEARS
S/O.DAVIS, VADAKKAN HOUSE, MULAMKUNNATHUKAVU P.O,
THRISSUR, PIN - 680581
2 SHAJU C.G
AGED 47 YEARS
S/O.GANAPATHI.C.S, CHANGATTATH HOUSE, P.O.AYYAPPANKAVU,
THRISSUR, PIN - 680751
3 SURESH N.G
AGED 54 YEARS
S/O.GOPALAN, P NOTTIYAMPURATH HOUSE, PURANATTUKKARA,
THRISSUR, PIN - 680551
4 SINEESH V.L
AGED 39 YEARS
S/O.LAKSHMANAN.V.R, VADAKKUMTHALA HOUSE, URANAM,
THRISSUR, PIN - 680562
BY ADV SRI.T.R.RAJESH
BAIL APPL. NO. 6720 OF 2025
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2025:KER:40500
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
2 THE DEPUTY SUPERINTENDENT OF POLICE,
VIGILANCE & ANTI-CORRUPTION BUREAU, THRISSUR UNIT,
THRISSUR, PIN - 680022
OTHER PRESENT:
SR PP REKHA .S FOR VCAB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6720 OF 2025
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2025:KER:40500
A. BADHARUDEEN, J
============================
B.A. No. 6720 of 2025
==============================
Dated 10th day of June 2025
ORDER
This is an application for anticipatory bail filed by accused Nos. 2 to 5 in Crime No. 04 of 2025 of VACB, Thrissur, where the prosecution alleges commission of offences punishable under Sections 7(b), 11, 13(1)(a) & 13(1)(b) r/w 13(2) of the Prevention of Correction Act, 1988 (Amendment 2018) and Section 61 of Bharatiya Nyaya Sanhitha, 2023, by accused Nos. 1 to 5.
2. Heard the learned counsel for the petitioners and the learned public prosecutor representing VACB. Perused the records placed by BAIL APPL. NO. 6720 OF 2025 4 2025:KER:40500 the learned counsel for the petitioners and the records placed by the learned public prosecutor, including the surprise check report.
3. The prosecution allegation is that, accused Nos. 1 to 5 committed offences punishable under Sections 7(b), 11, 13(1)(a) & 13(1)(b) r/w 13(2) of the Prevention of Correction Act, 1988 amended 2018 (for short, 'the PC Act), as well as under Section 61 of Bharatiya Nyaya Sanhitha, 2023. The crux of the allegations to be borne out from the inspection report is as under:-
"The Surprise Check Team started searching in and around the office room and surrounding areas as mentioned in the source report, and started cross verification with the cash on their hand with the register. When the Gazetted Officer checked the cash in hand of Shri. Ashok Kumar, Excise Circle Inspector, an amount of Rs. 32,820/- is found in his purse. He was unable to provide a clear explanation for the possession of an excess BAIL APPL. NO. 6720 OF 2025 5 2025:KER:40500 amount of Rs.27,970/- seen additionally in his possession. Since an amount of Rs. 27970/- was seen in excess than his recorded amount of Rs. 4850/-, the Gazetted Officer seized the amount of Rs. 27,970/- from the Excise Circle Inspector. When cross-checked with the cash on their hand with the Cash Declaration Register, no mismatch was found with the remaining officials. Similarly, nothing was found significantly in the checking conducted in and around the office room and the surrounding areas.
Subsequently, the Surprise Check Team started checking inside the Excise Department Vehicle KL-01-CM-6632 within the presence of Excise Circle Inspector, Shri.Shaju, C.G, driver of vehicle who on duty. During the search, the Surprise Check Team had recovered an amount of Rs. 42,500/- as kept under the mat on the platform of the middle row of the seat. In addition of cash, 12 bottles of Indian-made foreign liquor (IMFL) of various brands and quantities, along with three packets of cake, were found concealed under the back seat of the vehicle. The liquor bottles were wrapped in newspaper and secured with rubber bands. Upon thorough BAIL APPL. NO. 6720 OF 2025 6 2025:KER:40500 examination, it was observed that out of the 12 bottles, 4 had serial number stickers affixed. As neither the Excise Circle Inspector nor his teammate could provide a satisfactory explanation for the items found in the vehicle, Rs. 42,500/- in cash, 12 bottles of IMFL, and 3 packets of cake were seized in accordance with proper procedures, as these items were in their possession illegally. Later, unaccounted cash of Rs. 70,470/- remitted to District Treasury Thrissur on 26/12/2024 vide Receipt No. GRN KL030612612202425M. Sealed 12 liquor bottles and cake were sealed in a trunk box and transferred to the District Treasury Thrissur for keeping safe custody vide Receipt No. SL No. AM010961 on 26/12/2024.
On collecting the explanation from Shri. Ashok Kumar, Excise Circle Inspector, he stated that on 24.12.2024 at 09.45 hrs, he, along with Assistant Excise Inspector Suresh N.G., Preventive Officer (Grade) Dixon V. Davis, and Civil Excise Officer Sineesh V.N. were traveled in the departmental vehicle KL-01-CM-6632 for inspection of various bars in the Excise office limit. Civil Excise Officer (Driver) Shaju C.G. had driven the vehicle during the BAIL APPL. NO. 6720 OF 2025 7 2025:KER:40500 patrolling. They were conducted inspections in various locations such as Vallachira, Peringottukara Palace, Pranamam Bar Pazhuvil, Savera Urakam, Salkara Anakkal, Sangeetha Bar Ollur, Park Residency Koorkanchery, Lucia Bar Thrissur, Peninsula Bar Thrissur, etc. Subsequently, while returning to the office after patrolling, he borrowed Rs. 35,000 at 16.30 hrs near the Thrissur Bishop's Palace from a person who is the friend of Pradeep Cheruthuruthy (Phone: 9020401100). He added that he did not know the person who lent the money personally, but could identify him if seen again. He explained that he had previously borrowed money from Pradeep Cheruthuruthy on similar occasions due to delays in salaries. He also stated that he had no knowledge of how the cash, liquor bottles, and cakes came inside the vehicle.
4. While pressing for anticipatory bail to the petitioners, it is pointed out by the learned counsel for the petitioners that the petitioners are innocent, and he also pointed out that initially, BAIL APPL. NO. 6720 OF 2025 8 2025:KER:40500 Rs.32,820/- was recovered from the purse possessed by the 1st accused, the Excise Circle Inspector. He further submitted that even though on search of the department vehicle bearing registration No.KL-01-CM-6632 Rs.42,500/- kept under a mat on the platform of the middle row of the seat was also recovered, the petitioners are innocent, and they have no involvement in this crime. According to the learned counsel for the petitioners, the petitioners are ready to cooperate with the investigation and are ready to be abide by any conditions as a prerequisite for grant of anticipatory bail.
5. Opposing bail, the learned public prosecutor produced the case records and submitted that the involvement of the petitioners herein, who are accused Nos. 2 to 5, joining hands with the 1st accused, prima facie, made out. Therefore, the matter would require BAIL APPL. NO. 6720 OF 2025 9 2025:KER:40500 investigation. She also pointed the necessity of custodial interrogation for effective investigation.
6. Going by the allegations as extracted above, the allegations are serious and the same would warrant an effective investigation. However, having noticed the genesis of the case, it could be gathered that effective investigation can be ensured by directing the petitioners to surrender themselves before the investigating officer for interrogation for three days between 10.00 am to 03.00 p.m., on 14.06.2025 to 16.06.2025.
7. Therefore, this petition stands. The petitioners are enlarged on bail on conditions:
i. The petitioners shall surrender before the Investigating Officer on 14.06.2025, 15.06.2025, and BAIL APPL. NO. 6720 OF 2025 10 2025:KER:40500 16.06.2025, and on such surrender, the Investigating Officer can question the petitioners from 10.00 am to 3.00 pm and record their statements, if necessary. In the event of their arrest, the Investigating Officer shall produce the petitioners before the Jurisdictional Court on the date of arrest itself.
ii. On such production, the Jurisdictional Court shall release the petitioners on bail, on executing bond for Rs.30,000/- (Rupees Thirty thousand) each, by themselves and by two sureties, each for the like sum to the satisfaction of the Jurisdictional Court. iii. The petitioners shall cooperate with the investigation and shall be made available for interrogation BAIL APPL. NO. 6720 OF 2025 11 2025:KER:40500 and for the purpose of investigation, as and when the Investigating Officer directs so.
iv. The petitioners shall not intimidate the witnesses or interfere with the investigation in any manner.
v. The petitioners shall not commit any offence during the currency of this bail.
vi. Violation of the conditions is a reason to cancel the bail hereby granted by the trial court or by this court.
Sd/-
A.BADHARUDEEN, JUDGE
RMV
BAIL APPL. NO. 6720 OF 2025
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2025:KER:40500
APPENDIX OF BAIL APPL. 6720/2025
PETITIONER ANNEXURES
Annexure A1 : TRUE COPY OF THE ORDER OF SUSPENSION ISSUED
BY THE COMMISSIONER OF EXCISE VIDE NO.
EXC/6466/2024-XE4 DATED 26.12.2024
Annexure A2 TRUE COPY OF THE COMMON SUSPENSION ORDER
PLACING THE PETITIONERS UNDER SUSPENSION VIDE ORDER NO.EXC/6466/2024-XE4 DATED 28.12.2024 Annexure A3 TRUE COPY OF THE ORDER ISSUED BY THE VACATION BENCH OF THE HON'BLE ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 07.05.2025 IN OA(EKM)-662/2025 Annexure A4 TRUE COPY OF THE FIR IN (FIR IN VC.4/2025/TSR THE VIGILANCE & ANTI-CORRUPTION BUREAU THRISSUR UNIT AnnexureA4 copy of the FIR in VC No.4/2025..TSR