Sandeep K.C vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused in Crime No.182/2023 registered by the Kasaragod Excise Range Office, Kasargod, alleging commission of the offence under Section 58 of the Kerala Abkari Act. The petitioner was arrested on 16.12.2023.

The prosecution case, in brief, is that: on 16.12.2023, at about 4.45p.m., the petitioner was found in possession of nine litres of Indian made foreign liquor intended for sale in the State of Goa. Thus, he has committed the above offence.

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

The learned Counsel appearing for the petitioner submitted that the petitioner is absolutely innocent of the accusation leveled against him. Hence, he may be released on bail.

The learned Public Prosecutor, on instructions, submitted that investigation is still in progress. Hence, the bail may be declined.

On an overall consideration of the facts and circumstances of the case, particularly taking note of the fact that the petitioner was arrested as early as on 16.12.2023 and the investigation in the case is almost complete and the further detention of the petitioner is unnecessary, the petitioner is entitled to be released on bail, subject to conditions.

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 another [2020 (1) KHC 663].