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2025 Supreme(Online)(Ker) 38538
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
GIREESHKUMAR – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 8009 OF 2025
For the Appellants/Petitioners: Sri.Rajesh Chakyat, Smt. Athira K. Salim
For the Respondents: Smt. Sreeja V.
Bail granted based on the petitioner's period of detention and absence of evidence for further custody.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Abkari Act, 1077 - Bail application - Petitioner accused of illegally transporting liquor - Accused has been in custody since arrest on 14.06.2025 - Considering the period of detention, further detention deemed unnecessary. (Paras 2, 7)
(B) Conditions for bail - Court imposed various conditions to ensure presence and prevent witness tampering. (Paras 8)
Facts of the case:
Petitioner arrested for transporting 14 litres of Indian Made Foreign Liquor - Serious allegations but custody period taken into account for bail decision.
Findings of Court:
The court found no need for further detention of the petitioner leading to granting bail.
Issues: The critical issue was whether further detention was justified given the circumstances.
Ratio Decidendi: The court concluded, based on the petitioner's detention period, that further custody was unwarranted.
Result: Bail application allowed with specific conditions.
| Table of Content |
|---|
| 1. application filed under statutory provisions. (Para 1 , 2) |
| 2. charges relate to illegal transportation of liquor. (Para 3) |
| 3. arguments presented by counsel regarding detention. (Para 5 , 6) |
| 4. court's observation regarding necessity of continued detention. (Para 7) |
| 5. conditions set for granting bail. (Para 8) |
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.83 of 2025 of Irinjalakuda Excise Range OfÏce, Thrissur, registered for the offences punishable under Sections 55 (i) and 67B of the Abkari Act , 1077.
3. According to the prosecution, on 14.06.2025, the Excise Party found the accused illegally transporting 14 litres of Indian Made Foreign Liquor in an auto-rickshaw bearing registration No.KL-45-A-6567 for the purpose of sale, thereby committing the offences alleged. Petitioner was arrested on 14.06.2025, and he has been in custody since then.
4. Heard Sri. Rajesh Chakyat, the learned counsel for the petitioner as well as Smt. Sreeja V., the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 14.06.2025 and hence his further detention ought not to be permitted.
6. The learned Public Prosecutor, opposed the bail application.
7. Petitioner is alleged to have been found illegally transporting 14 litres of Indian Made Foreign Liquor for sale in an auto-rickshaw. Though the allegations against the petitioner are serious in nature, considering the period of detention already undergone, I am of the view that further detention is not necessary, especially since there is nothing to indicate that the same was transported for sale. Therefore, the rigour under Section 41A of the Abkari Act stands diluted.
8. Accordingly, 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 or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE jka/30.06.25.
