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2025 Supreme(Online)(Ker) 52060

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
APPUTTY – Appellant
Versus
STATE OF KERALA – Respondent
Bail Application|B.A No. 13642 of 2025|Crime No.125/2025



Advocates:
For the Appellants/Petitioners: SHRI.AMAL PARTHASARADHY, SRI.GIBI.C.GEORGE
For the Respondents: SRI.M.C. ASHI

Bail granted considering investigation status and judicial custody duration under relevant statutes.

Headnote:This Bail Application arises under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning the petitioner accused in Crime No.125/2025 for offenses under the Abkari Act. The petitioner is in custody since 21.09.2025, and the court reviewed the investigation's status and detention necessity. The key issue was whether bail should be granted based on the case specifics and judicial custody duration. The court allowed the bail application under certain conditions including monetary bond and regular appearance before the Investigating Officer for three months.

Table of Content
1. application for bail filed in court. (Para 1)
2. facts of the case concerning the accused's charges and custody status. (Para 2 , 3)
3. arguments presented by the counsels regarding bail application. (Para 4 , 5 , 6)
4. court’s observations leading to the decision on bail. (Para 7)

O R D E R

This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, ‘ BNSS ’).

2. The petitioner is the sole accused in Crime No.125/2025 of the Parappanangadi Excise Range Office. The offences alleged against the petitioner are punishable under Sections 55 (a) and 55(i) of the Abkari Act , 1077 (for short, ‘ ’).

3. The petitioner was arrested on 21.09.2025 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 investigation is practically over and the further detention of the petitioner is not required.

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

7. Having regard to the nature of the allegations, 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 10:00 A.M. and 11.00 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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