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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Abhilash S/o. Pavithran – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent
ORDER :
1. This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita.
2. Petitioners are the accused in Crime No.88 of 2024 of Alathur Excise Range, Palakkad. The above case is registered against the petitioners alleging offences punishable under Section 67B, 57(a) and 56(b) of the Kerala Abkari Act.
3. The prosecution case is that on 24.05.2024, the excise party attached to the Mobile Liquor Testing Laboratory, took samples from toddy, which was transported in a Mahindra Bolero pick up van. On 28.05.2024, when the samples were analysed, it was found that the said toddy was containing the traces of sodium lauryl sulphate. Hence it is alleged that the accused committed the offence.
4. Heard counsel for the petitioner and the 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. According to the petitioners, the vessels in which the toddy is stored is washed using detergent. Sodium lauryl sulfate is a content of the detergent. There is no mixing of Sodium lauryl sulfate in the toddy as alleged. The counsel also submitted that, all these ca
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.
Arrest must be justified and not routine; bail is the rule, not the exception, especially when maximum punishment is limited.
Judicial incarceration is unnecessary when investigation is nearing completion; bail granted with conditions.
Judicial incarceration is unwarranted given sufficient detention time and progress in the investigation.
A bail application can be granted if the evidence does not sufficiently connect the accused to the crime.
Bail can be granted when continued detention is not necessary, especially for applicants without a criminal record.
The court emphasizes the importance of weighing circumstances justifying bail, highlighting the necessity of individual rights against prosecutorial concerns.
The court balanced the need for maintaining investigatory integrity with the rights of the accused, permitting bail under strict conditions.
Bail granted due to insufficient evidence for continued detention and absence of criminal history.
Bail granted post substantial investigation despite serious liquor transport offence, considering custody period.
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