Shylesh Kumar vs Excise Inspector, Kumbla Excise Range, Kasaragode, Pin 671321

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.91/2023 of Kumbala Excise Range, Kasaragod which was registered for the offence punishable under Section 58 of Abkari Act.

The prosecution case is that, on 10.07.2023 at 09.30 a.m., the petitioner was found in possession of 18 litres of Indian Made Foreign Liquor meant for sale in the State of Karnataka. The petitioner was arrested on the same day. Since then, he has been in judicial detention. This application for regular bail is submitted in such circumstances.

Heard Sri. T.R. Tarin, learned counsel for the petitioner and Smt. Sreeja V., learned Senior Public Prosecutor for the State.

I have gone through the records. It is true that, there are specific allegations against the petitioner and he was along with the contraband article. However, the fact remains that the petitioner is in custody since 10.07.2023 and there is substantial progress in the investigation. Necessary recovery has already affected. No criminal antecedents of the petitioner is brought out. In such circumstances, I do not find any necessity to keep the petitioner in custody.

In such circumstances, this bail application is allowed and the petitioner is directed to be released on bail subject to 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 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.