The court's decision emphasizes the principles of pre-arrest bail under statutory guidelines, considering the absence of a criminal record and the nature of the allegations.

O R D E R

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

2. The applicant is the sole accused in Crime No.518/2025 of Santhanpara Police Station, Idukki District. The offence alleged is punishable under Section 55 (i) of the Kerala Abkari Act .

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

03.06.2025, at about 08:45 p.m., the applicant was found in possession of 2 litres of Indian Made Foreign Liquor, stored in an autorickshaw bearing Registration No.KL-06-G-2457, which was parked on the Muttukadu-Periyakanal roadside in the Muttukadu area, Bisonvalley Kara, Chinnakanal Village for the purpose of sale, in contravention of the provisions of the Abkari Act and thereby committed the offence.

4. I have heard Sri.Latheesh Sebastian, the learned counsel for the applicant and Sri.K.A.Noushad the learned Senior Public Prosecutor. Perused the case diary.

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

6. The quantity seized from the possession of the applicant was 2 litres of Indian Made Foreign Liquor, which is below the permissible quantity of 3 litres that can be lawfully possessed by a person. The applicant has no criminal antecedents. The investigation is almost over and the recovery has been effected. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant. In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) 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 shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

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

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

(v) The applicant 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 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

APA