Rajan 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.137/2023 of the Chengannur Excise Range registered against the accused alleging him to have committed the offences punishable under Sections 55(i) and 8 of the Abkari Act. The petitioner was arrested on 6.12.2023.

The gist of the prosecution case is that: on 6.12.2023 on receiving a discreet information, the detecting officer and the party found the accused in possession of 5 litres of arrack. Thus, the accused has committed the above offences.

Heard; Sri.Alex K.John, the learned counsel appearing for the petitioner and Smt. Neema T.V., the learned Public Prosecutor appearing for the respondents.

The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusation levelled against him. The contraband article was not seized from the possession of the petitioner. The petitioner has been falsely framed in the crime. The petitioner has no criminal antecedents. The petitioner has been in custody since 6.12.2023. The investigation in the case is practically complete. Hence, the application may be allowed.

The learned Public Prosecutor opposed the application. Nonetheless, she conceded to the fact that the petitioner has been in custody for more than one month and the investigation in the case is practically complete.

On a consideration of the materials placed on record, particularly taking note of the fact that the petitioner has been in judicial custody since 6.12.2023 and the investigation in the case is practically complete, I am of the definite view that the petitioner’s continued detention is unnecessary. Hence, the petitioner is entitled to be released 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.50,000/- (Rupees fifty thousand 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 another [2020 (1) KHC 663].