Balakrishnan vs State Of Kerala

A. Badharudeen, J

This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking bail and the petitioner is the sole accused in crime No.84/2023 of Excise Range Office, Vatakara.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the report of the Investigating Officer and relevant materials form part of the case diary, made available by the learned Public Prosecutor.

The prosecution case is that, at about 7.50 a.m on 22.03.2023 near Kalleri-Villaipalli road, Parambil desom, the accused/petitioner herein possessed 3.42 litre of Mahe IMFL, for the purpose of sale, against the prohibitions contained in Kerala Abkari Act. Accordingly, the petitioner was nabbed red handedly. Pursuant to the recovery and arrest, crime was registered alleging commission of offence punishable under Section 58 of the Kerala Abkari Act.

The learned counsel for the petitioner submitted that, the petitioner is innocent and the allegations are false. Since the quantity of the contraband is 3.42 litre of Mahe IMFL, the learned counsel has highlighted the progress of investigation and the custody of the petitioner from 22.03.2023 as reasons to grant regular bail to the petitioner. The learned counsel for the petitioner also submitted that the petitioner is a first time offender.

The learned Public Prosecutor, though opposed grant of bail, he conceded that the petitioner has no criminal antecedents. The report submitted by the learned Public Prosecutor would go to show that the investigation has achieved much progress.

In this matter, the contraband is only 3.42 litre of Mahe IMFL and the petitioner has been in custody from 22.03.2023. Taking note of the progress of the investigation, I am inclined to enlarge the petitioner on bail since further custody of the petitioner, who has no criminal antecedents, for the purpose of investigation, is not necessary.

Therefore, this petition stands allowed. The petitioner is enlarged on bail on conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of one month.

iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported, or came to the notice of this court, the same alone shall be a reason to cancel the bail hereby granted.