Prevention of unnecessary detention leads to bail provision under the relevant statute when evidence connections are insufficient.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS )

seeking regular bail.

2. The applicants are the accused Nos. 1 to 3 in Crime No.5/2026 of Chittur Excise Range Office, Palakkad District. The offences alleged are punishable under Sections

55(a), 56(b) and 55D of the Kerala Abkari Act .

3. The prosecution case, in short, is that on

7.1.2026 at 4.15 am, while the Excise Circle Inspector of Chittur was examining a Bolero pick up vehicle bearing No. KL 45X 2460, parked in front of the house of one Badarudheen, the applicants were found mixing spirit in toddy and they were in possession of 5 barrels including 550 litres of toddy, 30 litres of spirit and 7 inter district permits for transporting the toddy in contravention of the Abkari Act.

4. I have heard Sri. Nireesh Mathew, the learned counsel for the applicants and Sri. M.C. Ashi, 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 present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage. 6. The applicants were remanded to judicial custody on 7.1.2026. The investigation is almost over and the recovery has been effected. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

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

(i) The applicants shall be released on bail 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 jurisdictional Magistrate/Court.

(ii) The applicants shall fully co-operate with the investigation.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. They shall also appear before the investigating officer as and when required.

(iv) The applicants shall not commit any offence of a like nature while on bail.

(v) The applicants 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 applicants shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the 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 kp APPENDIX OF BAIL APPL. NO. 801 OF 2026 PETITIONER ANNEXURES Annexure 1 TRUE PHOTO COPY OF THE CRIME AND OCCURRENCE REPORT IN CR.NO. 5/2026 OF EXCISE RANGE OFFICE, CHITTUR, PALAKKAD DISTRICT Annexure 2 TRUE PHOTOCOPY OF THE ORDER DATED