C.S.Dias, J
1. The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.12/2024 of the
Chadayamangalam Excise Range Office, Kollam, registered against him, for allegedly committing the offence punishable under Section 55(i) of the
Abkari Act. The petitioner was arrested on 01.02.2024.
2. The crux of the prosecution case is that; on 01.02.2024 at around 08.30 a.m., the accused was found in possession of 12.600 litres of Indian made
foreign liquor and Rs.400/- in his possession. Thus, the accused has committed the above offence.
3. Heard Sri.K.V.Anil Kumar, the learned counsel appearing for the petitioner and Smt. Seetha S., the learned Senior Public Prosecutor appearing for
the respondent.
4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely
implicated in the crime. The petitioner has been in judicial custody since 01.02.2024. The investigation in the case is complete and recovery has been
effected. The petitioner’s continued detention is unnecessary. Hence, the petitioner may be released on bail.
5. The learned Public Prosecutor opposed the application. Nonetheless, she conceded to the fact that the petitioner has been in judicial custody since
01.02.2024, the recovery has been effected and the petitioner has no criminal antecedents.
6. After bestowing my anxious consideration to the facts, the materials placed on record, particularly taking note of the fact that the petitioner has
been in judicial custody since 01.02.2024, that the petitioner has no criminal antecedents, that the recovery has been effected and investigation in the
case is practically complete, I am of the view that petitioner’s continued detention is not necessary. 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 Saturday between 9 a.m. and 11 a.m for a period of two months or till the final report is laid,
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) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to
the effect before the court below on the date of execution of the bond;
(v) 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.
(vi)Applications for deletion/modification of the bail conditions shall be filed and entertained before the court below.
(vii) 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 (NCT of
Delhi) and Anr. [2020 (1) KHC 663].
