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2025 Supreme(Online)(Ker) 13184
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
GANGADHARAN – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. 6761/2025
ZUBAIR PULIKKOOL, SREEJA V (PP)
The court granted bail based on the nature of the offence and the duration of custody, emphasizing the need to avoid unnecessary detention.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Abkari Act, 1077 - Bail application filed for the accused in Crime No.114 of 2025 for possession of foreign liquor - The petitioner was arrested on 08.05.2025 and has been in custody since then. The court found that continued detention was unnecessary given the nature of the offence and the period of detention already undergone. (Paras 2, 3, 5)
(B) Bail - Conditions for bail - The petitioner is to be released on bail upon executing a bond with sureties, and must comply with specific conditions including appearing before the Investigating Officer and not tampering with evidence. (Paras 5, 6)
Facts of the case:
The petitioner was found in possession of 1 litre of foreign liquor attempting to sell it, leading to his arrest and subsequent application for bail.
Findings of Court:
The court determined that continued detention was unnecessary and allowed the bail application under specified conditions.
Issues: The main issue was whether continued detention of the petitioner was necessary given the nature of the offence and the time already spent in custody.
Ratio Decidendi: The court ruled that the nature of the offence and the duration of custody warranted the granting of bail, emphasizing the importance of not unnecessarily prolonging detention.
Result: Bail application allowed.
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).
2. Petitioner is the accused in Crime No.114 of 2025 of Vatakara Excise Range, Kozhikode, registered for the offences punishable under Section 55 (i) of Abkari Act , 1077.
3. According to the prosecution, on 08.05.2025, the accused was found in possession of 1 litre of foreign liquor attempting to sell the same on a road and thereby committed the offence alleged. The petitioner was arrested on 08.05.2025 and has been in custody since then.
4. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The offence alleged against the petitioner is that he attempted to sell 1 litre of foreign liquor, which bore the stamp of Kerala State Beverages Corporation. The offence under Section 55 (i) is alleged against him. Having regard to the period of detention already undergone and the nature of offence alleged, I am of the view that continued detention is unnecessary.
In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating OfÏcer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.
