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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Sainul Abideen @ Kunjon – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita.
2. Petitioner is the 2nd accused in Crime No.225/2025 of Kalladikkode Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 55(a), 55(i), 55D and 58 of the Kerala Abkari Act.
3. The prosecution case is that on 22.03.2025, the accused was found in possession of 50 litres of Indian Made Foreign Liquor for sale in two cars. Hence, it is alleged that the accused committed the offences.
4. Heard counsel for the petitioner and the Public Prosecutor.
5. The counsel for the petitioner submitted that the petitioner is the 2nd accused and he is in custody from 22.03.2025. The counsel for the petitioner submitted that the petitioner is ready to abide any conditions, if this Court grants him bail. The Public Prosecutor opposed the bail application. But, the Public Prosecutor submitted that as per the report received by him, no criminal antecedents are alleged against the petitioner.
6. Admittedly, the contraband seized from the petitioner is Indian Made Foreign Liquor, which is available in market. But, it is true that huge quantity of Indian Made
Bail is the rule and jail is the exception; courts must grant bail when justified, ensuring fair trial rights under Article 21.
Bail is the rule and jail is the exception; courts must grant bail when justified, ensuring fair trial rights under Article 21.
Bail is the rule and jail is the exception; courts must grant bail when warranted, ensuring fair trial rights.
Bail granted due to completed investigation, no antecedents, and non-serious opposition by prosecution.
Bail may be granted if further detention is unnecessary and a fair investigation can be ensured through stringent conditions.
Granting bail under specific conditions considering judicial custody and investigation status.
The court grants bail considering the duration of judicial custody and ongoing investigation stage, establishing conditions for release.
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.
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