Sreedharan P 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 accused in Crime No.57 of 2023 of Badiadka Excise Range Office, Kasaragod, which was registered for the offence punishable under Section 55(i) of the Kerala Abkari Act.

The prosecution case is that on 08.06.2023, at 1.40 P.M., the accused was found in possession of 1.5 litres of Indian made foreign liquor near the Gadigude Bus waiting shed, and thereby committed the offence mentioned above. The petitioner was arrested on the same day, and since then he has been under judicial detention. This application for regular bail is submitted under such circumstances.

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

Learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. Even if the allegation of recovery of the contraband article is accepted, that by itself is not sufficient to make out the offence alleged against the petitioner because the quantity seized from the possession of the petitioner is only 1.5 litres of Indian made foreign liquor, which is within the permissible limits. The allegation that it was kept for sale is denied by the petitioner.

Learned Public Prosecutor, on the other hand, would oppose the aforesaid application by pointing out that the petitioner was arrested while he was conducting the sale of the contraband articles. The petitioner is also involved in Crime No.151 of 2018 of Badiaduka Excise Range Office for the similar offence. In such circumstances, dismissal of the bail application is sought.

I have gone through the records.

It is true that there are allegations against the petitioner, and the petitioner was also involved in a similar offence in the year 2018. However, the fact remains that the quantity involved is only 1.5 litres of Indian made foreign liquor. As rightly pointed out by the learned counsel for the petitioner, it is within the permissible limits. Therefore, the contention put forward by the learned counsel for the petitioner cannot be simply brushed aside. Now the petitioner has been in custody since 08.06.2023. In such circumstances, taking note of the entire aspects, I do not find any necessity for 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 Rs.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 A.M. on every Wednesday until the filing of the final report.

(iv) The petitioner shall appear before the Investigating Officer as and when required.

(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 the State of Kerala without the permission of the jurisdictional 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.