IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Jayapalan S/o.narayanan – Appellant
Versus
State Of Kerala – Respondent
ORDER :
(P.V. KUNHIKRISHNAN, J.)
These Bail Applications filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita are connected and therefore I am disposing of these bail applications by a common order.
2. B.A. No.3410/2025 is filed by the petitioners apprehending arrest in Crime No.100/2024 of Pattambi Excise Range Office, Palakkad. B.A. No.3401/2025 is filed by the petitioners apprehending arrest in Crime No.96/2024 of Pattambi Excise Range Office, Palakkad. Similarly, the petitioners in B.A. No.3404/2025 is apprehending arrest in Crime No.97/2024 of Pattambi Excise Range Office, Palakkad.
3. The prosecution case in brief in all these cases is that, samples were taken from three different toddy shops under the Pattambi Excise Range. When the samples were analysed, the analyst reported that it contains Sodium lauryl sulfate. Hence it is alleged that the accused committed the offence under Section 57(a) of the Kerala Abkari Act .
4. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor.
5. Counsel for the petitioners submitted that the allegation that the petitioners committed the offence under Section 57(a) of the Abkari Act is not correct. A
Arnesh Kumar v. State of Bihar and Another
Chidambaram P v. Directorate of Enforcement
Arrest must be justified and not routine; bail is the rule, not the exception, especially when maximum punishment is limited.
Bail is the rule and jail is the exception; police must justify the necessity of arrest, especially when the maximum punishment is less than seven years.
Bail can be granted when continued detention is not necessary, especially for applicants without a criminal record.
A bail application can be granted if the evidence does not sufficiently connect the accused to the crime.
Pre-arrest bail cannot be granted as a matter of course; it requires a special case due to the seriousness of allegations and necessity for investigation.
Pre-arrest bail is a discretionary relief, not a right, requiring substantiation of special circumstances.
Judicial incarceration is unnecessary when investigation is nearing completion; bail granted with conditions.
Bail granted due to insufficient evidence for continued detention and absence of criminal history.
Pre-arrest bail is denied where there is prima facie evidence of serious crimes and potential interference with an ongoing investigation.
The court emphasized that pre-arrest bail is not granted as a matter of course; serious allegations necessitate investigation.
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