Bail granted under mitigating circumstances while considering case complexity for another applicant.

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-

arrest bail.

2. The applicants are the accused Nos.1 and 2 in Crime No.75/2025 of Kayamkulam Excise Range Office, Alappuzha District. The offences alleged are punishable under Sections 55 (i), 55D and 58 of theKerala Abkari Act.

3. The prosecution case, in short, is that on 03.09.2025 when the Excise party were conducting patrolling, they got a reliable information that the applicants are conducting sale of IMFL at their residence. Upon the said information, the excise party had proceeded to the house of the applicants and seized 0.185 litres of illicit liqour from the house and thereby committed the offences.

4. I have heard Sri.Manu Harshakumar, the learned counsel for the applicants and Sri. K.A.Noushad, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.

6. The applicants are mother and son. The contraband was seized from the house where the applicants were residing. The applicant No.1 is a lady aged 68 years. It is seen from the records that she is suffering from serious illness. She happened to be arrayed as an accused for the reason that she was there in the house. There are materials on record to connect the applicant No.2 with the crime. In these circumstances, I am of the view that custodial interrogation of the applicant No.1 is not necessary and hence, she can be granted pre-arrest bail. However, considering the allegations levelled against the applicant No.2 and the complexity in the crime, he is not entitled to pre-arrest bail.

In the result, the application is allowed in part on the following conditions:-

(i) The applicant No.1 shall be released on bail in the event of her arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant No.1 shall fully cooperate with the investigation, including subjecting herself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant No.1 shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. She shall also appear before the investigating officer as and when required.

(iv) The applicant No.1 shall not commit any offence of a like nature while on bail.

(v) The applicant No.1 shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant No.1 shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE

SKP

APPENDIX OF BAIL APPL. NO. 12277 OF 2025 PETITIONERS’ ANNEXURES:

Annexure 1 TRUE COPY OF BAIL ORDER IN CRL MC NO 1123/2025 DATED 23.09.2025 OF SESSIONSJUDGE, ALAPPUZHA.

Annexure 2 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 13.09.202