Delay in filing final investigative report beyond 60 days can justify statutory bail with conditions in offences involving possession/translocation of illicit goods.

O R D E R

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the fifth accused in Crime No.86 of 2025 of Tirurangadi Police Station, Malappuram, registered for the offences punishable under sections 55(a), 55D, 58 and 67B of the Abkari Act, 1077 .

3. According to the prosecution, the accused was found to be in possession and transporting of 20032 litres of spirit in a lorry bearing registration No.TN-04-AY-6573 and thereby committed the offences alleged. Petitioner was arrested on 09.06.2025, and he has been in custody since then.

4. I have heard Sri.Nireesh Mathew., the learned counsel for the petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 09.06.2025, hence further detention is not necessary.

6. The learned Public Prosecutor opposed the bail application. It is also pointed out that the final report had not yet been filed.

7. In view of the failure of the Investigating Officer to file the final report within a period of 60 days, I am satisfied that the petitioner is entitled to be released on statutory bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall 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.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.