Extended detention without sufficient cause is unjustified if the accused has been in custody for an excessive period.

ORDER

Dated this the 7^th day of January, 2026 This is an application for regular bail moved by the 3^rd accused in crime No.121/2024 of Excise Range, Thrissur, where the prosecution alleges commission of offences punishable under Sections 55 (a), 58 and 67(B) of the Abkari Act I of 1077.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the relevant documents placed by the learned Public Prosecutor.

3. The prosecution allegation is that at about 12.10 pm on 04.12.2024, the accused persons 1 to 3 were found in possession of 2,607 litres of spirit and transported in a lorry bearing registration No.KL-09-AX-7864 without having license or permission from the authorities, for sale among the public. On interruption, accused Nos.1 and 2 were arrested from the spot, but the 3^rd accused/petitioner herein absconded from the place of occurrence. On this premise, the prosecution alleges commission of the above offences by accused Nos.1 to 3.

4. The learned counsel for the petitioner pressed for regular bail to the petitioner, who has been in custody from 26.11.2025, in a case where the petitioner was arrested and detained in custody on issuing production warrant when he was arrested and detained by the Andhra Pradesh Police in crime No.98/2025 of Prohibition & Excise Police Station, Molakalacheruvu, Annamayya District, Andhra Pradesh. 5. The learned Public Prosecutor strongly opposed grant of regular bail on the submission that eventhough the crime was registered in regard to an occurrence on 04.12.2025, the accused had absconded and he was produced before the court on issuance of production warrant and he was detained by the Andhra Pradesh Police and therefore, the release of the petitioner would hamper the investigation.

6. On perusal of the records, it could be gathered that 2,607 litres of spirit was allegedly transported by the accused persons. Therefore, the allegations are very serious. However, the petitioner has been in custody from 26.11.2025. Although he has involvement in another crime of Andhra Pradesh Police, having noticed the custody of the petitioner from 26.11.2025, and the progress of investigation, there is no reason to detain the petitioner in custody further. Therefore, I am inclined to release the petitioner on regular bail.

In the result, this petition stands allowed. The petitioner is enlarged on regular bail on the following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for interrogation.

iii. The petitioner shall appear before the Investigating Officer as and when directed.

iv. The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioner shall surrender his passport before the jurisdictional Court on the date of execution of the bail bond or within seven days therefrom, with special permission of the jurisdictional Court. If the petitioner has no passport, he shall file an affidavit to that effect, instead of surrendering passport, within the stipulated time.