Arjun A vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the 3rd accused in O.R.No. 21/2023 of Excise Range Office, Ernakulam. He is alleged to have committed offences under Sections 55(a) and 55D apart from Section 58 of the Kerala Abkari Act.

According to the prosecution, the accused was found in possession of 6,720 litres of spirit and 3 litres of illicit liquor kept for purpose of sale. He was arrested on 28.04.2023 and remanded on 29.04.2023.

Sri. Simod Sivan K, the learned counsel for the petitioner contended that, the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 28.04.2023, and hence already more than 39 days have elapsed since his arrest and therefore, petitioner ought to be released on bail.

Sri. Manu.P.G the learned Public Prosecutor, opposed the application and submitted that the huge quantity of illicit liquor seized from the petitioner is a significant factor that must be borne in mind the Court to deny bail.

I have considered the rival contentions.

Petitioner was arrested on 28.04.2023 and was remanded on 29.04.2023. Even though the quantity of spirit seized from the petitioner is substantial, I am of the view that, having regard to the period of detention already undergone, further detention may amount to punishment before conviction.

Accordingly, this application is allowed on the following conditions:-

a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

b) Petitioner shall co-operate with the trial of the case.

c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

d) Petitioner shall not commit any similar offences while he is on bail.

e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.