Jayaraj vs State Of Kerala

Ziyad Rahman A.A., J

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

The petitioner is the accused in Crime No. 51/2023 of Excise Range Office, Kollengode. The offences alleged against the petitioner are punishable under Sections 55(i) of the Abkari Act.

The prosecution case is that, on 27.06.2023, at 12.45 p.m, the petitioner was found in possession of 26 liters of Indian Made Foreign Liquor kept for sale in his residence. The petitioner was arrested on the same day and since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.

Heard, Sri.Nireesh Mathew, the learned counsel appearing for the petitioner and Smt.Sreeja V, the learned Public Prosecutor, appearing for the State.

The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations and he was falsely implicated in the said case. According to him, there are absolutely no materials indicating that the Indian Made Foreign Liquor was kept for sale. At the most what could be attracted is for keeping the Indian Made Foreign Liquor in excess quantity.

On the other hand, the learned Public Prosecutor opposes the said application by pointing out that, there are specific materials indicating the role of the petitioner. The petitioner is also involved in six other cases under the provisions of the Abkari Act. The details of the said cases are as follows.

“Cr. Nos. 71/2013, 13/2015, 38/2015, 02/2016, 11/2017, 53/2017 of Excise Range Office Kollengoe (U/s 13 r/w 63 Kerala Abkari Act).”

Dismissal of the application was sought in such circumstances.

I have gone through the records. It is true that, there are certain materials against the petitioner and he was caught along with the contraband article. However, it is a fact that the petitioner has been in judicial custody since 27.06.2023 and there is substantial progress in the investigation. The prosecution does not have a case that the Indian Made Foreign Liquor recovered from the possession of the petitioner was spurious in nature.

In such circumstances, taking note of the period of detention the petitioner had undergone and all the relevant circumstances, I do not find any necessity of further incarceration of the petitioner. Therefore, this application is allowed on the following conditions:-

i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.

ii) The petitioner shall fully cooperate with the investigation.

iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Wednesday until the filing of the final report.

iv) The petitioner shall also appear before the Investigating Officer as and when required.

v) The petitioner shall not commit any offence of similar nature while on bail.

vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

vii) The petitioner shall not leave India without the permission of the trial Court.

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