Bail granted under the Kerala Abkari Act due to substantial progress in investigation and prior detention, with specific conditions imposed to ensure compliance.

ORDER

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita.

2. Petitioner is the sole accused in Crime No.43 of 2025 of Thankamony Excise Range OfÏce, Idukki. The above case is registered against the petitioner alleging offences punishable under Sections 8 (2) r/w 8(1) and 55(g) of the Kerala Abkari Act .

3. Prosecution allegation is that on 03.04.2025 at 8:30 p.m., the accused was found in possession of 20 litres of arrack for sale and 100 litres of wash and utensils for brewing arrack in violation of provisions of the Abkari Act and thereby committed the aforementioned offences.

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

5. The allegation that the petitioner possessed 20 litres of arrack as well as 100 litres of wash and utensils for brewing arrack regardless of the prohibition contained under the Abkari Act cannot be viewed lightly. A perusal of the records reveals that the accusation against the petitioner is prima facie well founded. Anyhow, the petitioner was caught red handed with the contraband on 03.04.2025 and he is in custody since then. The search and seizure procedures were completed at the time of detention itself. The investigation in this case appears to have progressed substantially and is on the verge of completion. As the investigation has crossed its major and crucial part, further judicial incarceration of the petitioner is unwanted.

Considering the days of detention already undergone by the petitioner and the stage of investigation, I am inclined to grant bail to the petitioner on following conditions:-

1. Petitioner shall execute 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.

2. The petitioner shall appear before the Investigating OfÏcer on every Monday between 10 a.m. and 11 a.m. for a period of three months or until the final report is filed, whichever occurs first.

3. The petitioner shall co-operate with the investigation and shall not, directly or indirectly, make any inducement, threat or promise 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 ofÏcer.

4. Petitioner shall not leave India without permission of the jurisdictional Court.

5. Petitioner shall not commit any offence while on bail.

6. If the petitioner violates any of the above conditions, the investigating ofÏcer is at liberty to file appropriate application for cancellation of bail before the jurisdictional court and if such an application is filed the jurisdictional court can pass appropriate orders irrespective of the fact that this order is passed by this Court.