Judicial incarceration is unnecessary when investigation is nearing completion; bail granted with conditions.

ORDER

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (“ BNSS ” for short).

2. Petitioner is the sole accused in Crime No.169/2025 of Excise Range Office, Mannarkkad, Palakkad. The above case is registered against the petitioner alleging offences punishable under Sections 55(i) and 13 r/w 63 of the Abkari Act .

3. Prosecution allegation is that on 20.12.2025, at 2 p.m., the accused was found in possession of 10 litres of Indian made foreign liquor for the purpose of sale 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 and pursued the records.

5. The allegation that the petitioner possessed 10 liitres of Indian made foreign liquor for sale, in contravention of 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 20.12.2025, and he has been 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 now on the verge of completion. As the investigation has crossed its major and crucial part, further judicial incarceration of the petitioner is unwanted. Having regard to the days of detention already undergone by the petitioner and the present stage of investigation, I am inclined to grant bail to the petitioner on the following conditions:-

1.The 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 Officer on every Monday between 10 a.m. and 11 a.m. for a period of one month 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 officer.

4.The petitioner shall not commit any offence while on bail.

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

Sd/-