SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 55673

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
RATHEESH A – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14258 OF 2025 | CRIME NO.123/2025



Advocates:
For the Appellants/Petitioners: SHRI.SANTHOSH PETER (MAMALAYIL), SHRI.NADEEM NAZAR, SRI.P.N.ANOOP, SHRI.SAKEER HUSSAIN K.K., SHRI.REHAN K.K., SHRI.MUHAMMED SUHAIL V., SHRI.MOHAMMED SAFEER N., SRI.M.S.SANDEEP SUDHAKARAN, SHRI.SREERAJ S., RAJARAM, SHRI.ADEEN NAZAR, SMT.NISSI V. RAJESH, SHRI.MOHAMMED RAZI
For the Respondents: SMT.M.K.PUSHPALATHA, SR.PP

The court granted bail based on the investigation stage and period of custody, emphasizing conditions for releasing the accused.

Headnote:This judgment pertains to the application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner, accused in Crime No.123/2025 under the Kerala Abkari Act, contends innocence. The court found merit in granting bail due to investigation stage and detention period. The court issued bail with stipulations regarding bond, appearance before the Investigating Officer, and non-interference in the investigation. The Bail Application is allowed.

Table of Content
1. petitioner's arrest and custody details. (Para 2 , 3)
2. court's reasoning for granting bail. (Para 4 , 7)
3. arguments regarding the petitioner's innocence. (Para 5 , 6)

K.BABU, J.

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

B.A No.14258 of 2025 ---------------------------------------

Dated this the 10th day of December, 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.123/2025 of Excise Range Office, Nilambur. The offences alleged against the petitioner are punishable under Sections 55 (a), 55(i) and 13 r/w Section 63 of the Kerala Abkari Act .

3. The petitioner was arrested on 06.11.2025 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.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top