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2026 Supreme(Online)(Ker) 2617

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SMITHA D. – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.MANU RAMACHANDRAN, SRI.M.KIRANLAL, SRI.T.S.SARATH, SRI.R.RAJESH (VARKALA), SHRI.SAMEER M NAIR, SMT.SAILAKSHMI MENON, SMT. AASHI K. SHAJAN, SHRI.HAFEEZ MUHAMMED, SMT.BINITHA MARIA THOMAS
For the Respondents: SRI.U. JAYAKRISHNAN, PP.

Table of Content
1. application for bail filed under specific legislative provisions. (Para 1)
2. details of the criminal charges related to possession and distilling equipment. (Para 2 , 3)
3. arguments from both the applicant and prosecution regarding bail eligibility. (Para 4 , 5)
4. court's decision on bail and prescribed conditions. (Para 6)

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the accused No.1 in Crime No.352/2025 of Excise Range Office, Adoor, Pathanamthitta District. The offence alleged is punishable under Section 55 (g)

of the Kerala Abkari Act .

3. The prosecution case, in short, is that the applicant along with the accused No.2 was found in possession of 225 litres of wash and utensils for distilling the arrack inside their house on 20.12.2025 at 2.40 pm in contravention of the Abkari Act and Rules.

4. I have heard Sri. Manu Ramachandran, the learned counsel for the applicant and Sri. U. Jayakrishnan, the learned Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been false

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