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2025 Supreme(Online)(Ker) 51898

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
BABU K.A. – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13554 OF 2025 | CRIME NO. 97/2025



Advocates:
For the Appellants/Petitioners: SRI.LINDONS C.DAVIS, SMT.E.U.DHANYA, SMT.CHINJU P. JOYIES, SHRI.VINAYAK MANOHARAN
For the Respondents: SRI. G. SUDHEER, PP

A bail application determines entitlement based on judicial custody duration and investigation status, with conditions imposed.

Headnote:This bail application arises under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The petitioner, accused in Crime No.97/2025 of Excise Range Office, Thrissur, alleges innocence regarding the offenses punishable under the Kerala Abkari Act. The court finds sufficient grounds for the petitioner's release on bail while imposing conditions to ensure compliance. The primary issue framed is the petitioner's entitlement to bail considering judicial custody duration and ongoing investigation. The court's ruling allows bail subject to several conditions including bond execution and witness non-interference.

Table of Content
1. application filed under relevant statutory provisions. (Para 1 , 2 , 3)
2. court's reasoning and considerations for bail conditions. (Para 4 , 5 , 7)

K.BABU, J.

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

B.A No.13554 of 2025 --------------------------------------- Dated this the 18th 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 accused in Crime No.97/2025 of Excise Range Office, Thrissur. The offence alleged against the petitioner are punishable under Section 13 read with Sections 63 and

55(1) of the Kerala Abkari Act .

3. The petitioner was arrested on 01/11/2025 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.

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