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2025 Supreme(Online)(Ker) 50071
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
PRABHITH – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. No. 12559 of 2025 | Crime No. 95/2025
For the Appellants/Petitioners: SHRI.P.R.MADHUSUDANAN
For the Respondents: ADV M K PUSHPALATHA
Important Points
Subject
Criminal Law - Bail Application
Act Referred
Headnote
| Table of Content |
|---|
| 1. prohibited liquor possession allegations. (Para 2 , 3) |
| 2. defense related to medical condition vs. prosecution's evidence. (Para 5 , 6) |
| 3. conditions under the kerala abkari act. (Para 7) |
ORDER
This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, ‘ BNSS ’).
2. The petitioner is the accused in Crime No.95 /2025 of Cherthala Excise Range Office. The offence alleged against the petitioner is punishable under Section 55 (i) of the Kerala Abkari Act , 1077.
3. The prosecution case is that on 07.09.2025, at 12:25 p.m., the petitioner was found in possession of 19 litres of Indian Made Foreign Liquor and a sum of Rs.7,390/-.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner is a Rheumatoid Arthritis patient and has been undergoing Ayurvedic treatment for more than five years. It is further submitted that, in view of his physical condition, it is totally unbelievable that he carried 19 litres of IMFL, as alleged by the prosecution.
6. The learned Senior Public Prosecutor opposed the bail application, contending that the bar under Section 41A of the Kerala Abkari Act is applicable to the facts of the case. The learned Senior Public Prosecutor submitted that, if the petitioner is granted anticipatory bail, there is every chance that he will repeat the offences.
7. The prosecution could, prima facie, place material showing the involvement of the petitioner in the alleged offence. As per Section 41A of the Abkari Act, when bail is opposed by the Public Prosecutor, the Court can grant bail only if it is satisfied that the accused is not guilty and is unlikely to commit further offences. This is a case where the conditions under of the Abkari Act are applicable. Therefore, the petitioner is not entitled to anticipatory bail.
