Krishnan vs State Of Kerala

Ziyad Rahman A.A., J

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is the accused in Crime No.117/2023 of Excise Range Office, Alathur which was registered for the offence punishable under Section 55(i) of the Abkari Act.

The prosecution case is that, on 25.07.2023 at about 12.40 p.m., the petitioner was found in possession of 4.800 litres of Indian Made Foreign Liquor, kept for sale and thereby committed the offence. The crime was registered in such circumstances and the petitioner was also arrested on the same day. This application for regular bail is submitted in such circumstances.

Heard Sri. V.A. Johnson, learned counsel for the petitioner and Smt. Seetha S., learned Public Prosecutor for the State.

I have carefully gone through the records. It is true that there are certain allegations against the petitioner and the contraband articles were recovered from the possession of the petitioner. It is also pointed out that the petitioner is involved in Crime No.54/2022 of the very same Excise Range Office, for a similar offence. However, it is a fact that the petitioner has been under judicial custody since 25.07.2023 and there is substantial progress in the investigation. The prosecution also does not have a case that the Indian Made Foreign Liquor was recovered from the possession of the petitioner was spurious in nature. In such circumstances, I do not find any necessity of further incarceration of the petitioner.

In the result, the application is allowed and the petitioner is directed to be released on bail 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 co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Thursday until the filing of final report.

(iv) The petitioner shall also appear before the investigating officer as and when required by him.

(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 the law.