Manoj vs State Of Kerala

Ziyad Rahman A.A., J

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

The petitioner is the sole accused in crime No.116/2023 of Excise Range Office, Sasthamcotta, Kollam. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Kerala Abkari Act.

The prosecution case is that, on 12.07.2023, at about 3.30 p.m., the petitioner was found in possession of 800 ml of arrack on the side of the road near Asharimukku Junction, Asharimukku-Karurkadavu Road, in Mainagapally Village. The crime was registered in such circumstances and the petitioner was arrested on the same day. This application for regular bail is submitted in such circumstances.

Heard Sri. Manu Ramachandran, the learned counsel appearing for the petitioner and Sri. C.S. Hritwik, the learned Senior Public Prosecutor for the State.

I have carefully gone through the records. It is true that certain allegations are raised against the petitioner, particularly because he was found in possession of the contraband article. However,  it  is  a  fact  that  the  petitioner  is  in  custody  since 12.07.2023 and there is substantial progress in the investigation. The quantity recovered from the possession of the petitioner is not huge.  No criminal antecedents of the petitioner is also brought to my notice. In such circumstances, taking note of the period of detention the petitioner had already undergone and also the stage of investigation, I do not find any necessity of further incarceration of the petitioner.

Accordingly, this bail application is allowed and the petitioner is directed to be  released on  bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for ₹1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum 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 Saturday 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 surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court.

(vi) The petitioner shall not commit any offence of like nature while on bail.

(vii) 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.

(viii) 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.