Jeyapal vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.57/2023 of Devikulam Excise Range, Idukki District, alleging him to have committed the offence punishable under Sections 8(1) & 8(2) of the Abkari Act. The petitioner was arrested on 19.12.2023.

The prosecution case, in brief, is that: On 19.12.2023 at about 8.40 a.m., the Adimaly Narcotic Enforcement Squad Preventive Officer and party found the accused in possession of 3.250 liters of arrack. Thus, the accused has committed the above offence.

Heard; Sri. T.V.George, the learned counsel appearing for the petitioner and Smt.Neema T.V., the learned Public Prosecutor appearing for the respondent.

After bestowing my anxious consideration to the materials placed on record and particularly taking note of the fact that the petitioner has been in judicial custody since 19.12.2023 and the investigation in the case is almost complete, that the petitioner’s further detention is unnecessary, I deem it appropriate to release the petitioner on bail.

In  the  result,  the application  is  allowed,  by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every alternate Saturdays between 9 a.m. and 11 a.m for a period of three months or till the final report is filed, whichever is earlier. He shall also appear before the Investigating Officer as and when required;

(ii)The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii)The petitioner shall not commit any offence while he is on bail;

(iv)In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(v)Applications for deletion/modification of the bail conditions shall also be filed and entertained by the court below.

(vi)Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State of Delhi and Anr. [2020 (1) KHC 663].