Court allowed bail due to prior custody period exceeding necessity as allegations deemed prima facie less severe.

ORDER

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

2. Petitioner is the sole accused in Crime No.165/2025 of Agali Excise Range OfÏce, Palakkad; registered for the offence punishable under Section 58 of the Abkari Act , 1077.

3. The prosecution case is that, on 10.08.2025, the petitioner was found in possession of 9 litres of Indian Made Foreign Liquor [for short, IMFL] kept for sale, and thereby committed the offences alleged. Petitioner was arrested on 10.08.2025 and he has been in custody since then.

4. I have heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. Sri.T.K.Sandeep, the learned Counsel for the petitioner, submitted that the prosecution allegations are false and that he has no involvement in the alleged crime. It was further submitted that the petitioner has been in custody from 10.08.2025, and therefore, further custody is not necessary.

6. Smt.Sreeja V., the learned Public Prosecutor opposed the bail application and submitted that the allegations are serious and that petitioner ought not to be released on bail.

7. Petitioner is alleged to have been found in possession of 9 ltrs. of IMFL.

Though it is alleged that the same was kept for illegal sale, prima facie, only an offence under 63 of the Act will be attracted. Considering that only an offence under Section 63 of the Act is attracted, the rigour under Section 41A of the Act will not apply.

8. Though the allegations are serious, considering the period of detention already undergone by the petitioner, I am of the view that further detention of the petitioner is not necessary.

9. 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 OfÏcer 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.

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

sd/-

BECHU KURIAN THOMAS JUDGE AMV/08/09/2025 APPENDIX OF BAIL APPL. 10849/2025 PETITIONER ANNEXURES ANNEXURE-1 TRUE COPY OF THE COMMON ORDER OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS, MANNARKKAD DATED