Satheeshan.E vs State Of Kerala

P.G. Ajithkumar, J

This is an application for bail filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhitha, 2023.

The petitioner is the accused in Crime No.141 of 2024 of Kasaragod Excise Range Office. He allegedly had committed the offences punishable under Section 55(i) of the Abkari Act.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The prosecution allegation is that at about 4.00 p.m, on 28.08.2024, the petitioner was found in possession of 2.8 ltrs of Indian Made Foreign Liquor at Ethirthode-Pady road in Pady village and he possessed the same for the purpose of sale.

The petitioner would contend that he did not involve in the alleged crime and without any material or evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.

The learned Public Prosecutor would submit that considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioner in the event of his release on bail, this petition deserve only to be dismissed.

The petitioner was arrested on 28.08.2024 and he has been in custody since the said date. Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, and considering the nature and gravity of the offence, further detention of the petitioner is unnecessary. I am therefore of the view that the petitioner is entitled to be released on bail.

In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.1,00,000/- (Rupees One lakh only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:

(i) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) He shall appear before the investigating officer as and when called for; and

(iii) During the bail period, he shall not get involved in any offence.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.