Court grants bail considering the petitioner's age and duration in custody, noting the nature of the alleged offense.

BECHU KURIAN THOMAS, J.

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B.A.No. 11621 of 2025 …………………………………….….

Dated this the 16^th day of September, 2025

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.69/2025 of Excise Range Office, Kattakada, registered alleging offence punishable under Section 55 (i) of the Abkari Act, 1077 (for short, ‘Abkari Act’).

3. According to the prosecution, on 01.09.2025, the accused was found in possession of 13.380 litres of Indian Made Foreign Liquor (IMFL) as well as Rs.1,000/-, and thereby committed the offence alleged. Petitioner was arrested on 01.09.2025 and she has been in custody since then.

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

5. The learned counsel for the petitioner submitted that petitioner has been in custody since 01.09.2025 and hence she ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application.

7. Petitioner is a 70 year old lady, who was found in possession of 13.380 litres of IMFL, on 01.09.2025, which was a dry day. Though the allegation against the petitioner is that she had sold liquor to persons on a dry day, I am of the view that considering the period of detention already undergone by the petitioner as well as the age of the petitioner, further detention is not necessary.

8. Moreover, the offence alleged prima facie attract only Section

63 of the Abkari Act, in the absence of any other material to indicate sale of the contraband. Therefore, I am satisfied that petitioner can be released on bail.

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

(a) Petitioner shall be released on bail on her 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 she tamper with the evidence.

(d) Petitioner shall not commit any similar offences while she 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 the law, notwithstanding the bail having been granted by this Court.