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2025 Supreme(Online)(Ker) 58364

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALEE KRISHNA S., J
PAULSON – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.NIREESH MATHEW
For the Respondents: PP ADV.M.C.ASHI

ORDER

Dated this the 23rd day of December, 2025 This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023 ( for short ' BNSS ').

2. Petitioner herein is the accused in Crime No.945/2025 of Kodakara Police Station of Thrissur Rural, registered for the offences punishable under Sections 55 (a) and 55(i) of the Kerala Abkari Act .

3. The prosecution case is that, on 11.12.2025, at about 15.20 hours, the petitioner/accused was found in possession of 17.750 liters of Indian made foreign liquor in his house bearing door No.5/374 of Parappukkara Panchayat for the purpose of sale. Thus, the accused allegedly committed the above offences.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner has been in judicial custody from 11.12.2025. Even if the prosecution case is accepted, the offence that would attract is Section 13 r/w Section 63 of the Kerala Abkari Act .

6. The learned Public Prosecutor opposed the bail application.

7. It is a well accepted principle that bail is the rule and jail is the exception. The Hon'ble Supreme Court in Chidambaram. P v Direct

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