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2025 Supreme(Online)(Ker) 50724

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
NISHAD – Appellant
Versus
STATE OF KERALA – Respondent
Bail Application No. 13289 of 2025 | Crime No. 102/2025



Advocates:
For the Appellants/Petitioners: DR. LINTO K.B., SHRI.TOM JOSEPH
For the Respondents: SRI. SUDHEER, PP

Bail granted subject to conditions in accordance with the law due to investigation stage and judicial custody duration.

Headnote:This case relates to a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, concerning allegations punishable under Sections 55(i), 55(a) and 13 r/w Sections 63 & 67 B of the Kerala Abkari Act. The petitioner, arrested on 02.10.2025, claimed innocence, while the prosecution opposed bail. The court, considering the investigation's stage and judicial custody duration, determined the petitioner was entitled to bail under specific conditions. The final ruling allows bail conditional upon compliance with the court's set terms.

Table of Content
1. bail application filed under bnss, 2023. (Para 1 , 2 , 3)
2. arguments on innocence and opposition to bail. (Para 4 , 5 , 6)
3. court found conditions for bail met. (Para 7)

K.BABU, J.

--------------------------------------

B.A No.13289 of 2025 --------------------------------------- Dated this the 10th day of November, 2025 O R D E R This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.

2. The petitioner is the sole accused in Crime No.102/2025 of Excise Range Office, Chalakudy. The offences alleged against the petitioner are punishable under Sections 55 (i), 55(a) and 13 r/w Sections 63 & 67 B of the Kerala Abkari Act .

3. The petitioner was arrested on 02.10.2025 and he has been in judicial custody since then.

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 innocent of the allegations levelled against him.

6. The learned Public Prosecutor opposed the bail plea of the petitioner.

7. Having regard to the stage of the investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.

In the result, the Bail Application is allowed as follows:

(a) The petitioner is ordered to be released on bail on his executing bond for Rs.50,000/ (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(b) The petitioner shall appear before the Investigating Officer on all Mondays between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.

(c) The petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.

(d) The petitioner shall not commit any similar offence while on bail.

(e) If any of the bail conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail, in accordance with law.

Sd/-

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