Bail may be granted when the accused has sufficiently undergone custody and the nature of offense is bailable.

ORDER

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

2. Petitioner is the accused in O.R.No.174 of 2025 of Irinjalakuda Excise Range Office, registered for the offences punishable under Sections

55(a), 55(i), and 64B of the Abkari Act (i) 1077.

3. The prosecution case is that on 4/12/2025 at about 12.15 pm, the petitioner was found in possession of 13 ltrs of IMFL carried in a scooter bearing No. KL-45-Q-9998 at Mattathur, Kodali - Kodakara Public road, for the purpose of sale and thereby committed the offences alleged.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 04.12.2025 and hence he ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application.

7. Petitioner is alleged to have been in possession of 13 litres of IMFL kept for sale. Though the allegations are serious, having regard to the period of custody already undergone from 04.12.2025 and also considering the nature of the offences alleged, which may possibly fall under Section 63 of the Abkari Act , as a bailable offence, I am of the view that further custody is not necessary.

8. 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.

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.