The court emphasizes the importance of weighing circumstances justifying bail, highlighting the necessity of individual rights against prosecutorial concerns.

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 sole accused in Crime No.191/2025 of Varkala Excise Range, Thiruvananthapuram District. The offences alleged are punishable under Sections

55(i), 58, 8(1) and 8(2) of the Kerala Abkari Act .

3. The prosecution case, in short, is that on

12.12.2025 at 2.45 pm, the applicant was found in possession of 26 litres of beer, 6.75 litres of Indian Made Foreign Liquor, 5 litres of illicit liquor and .08 litres of illicit arrack in the house named “Rose Manzil” bearing No.88 in Ward No.28 of Varkala Municipality, Thiruvambady Road, Mangalamukku Desom in contravention of the Abkari Act and Rules.

4. I have heard Sri. J.R. Prem Navaz, the learned counsel for the applicant and Smt. Sreeja V., the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 12.12.2025. The investigation is almost over. The recovery has been effected. The applicant has no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required. (iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court. Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp APPENDIX OF BAIL APPL. NO. 418 OF 2026 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE CRIME AND OCCURRENCE REPORT IN CRIME NO: 191/2025 OF VARKALA EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT Annexure A2 THE TRUE COPY OF THE ORDER DATED

16.01.2025 IN CRL.M.C NO: 3886 OF 2025, PASSED BY THE HON’BLE COURT OF SESSIONS JUDGE, THIRUVANANTHAPURAM Annexure A3 THE TRUE COPY OF THE ORDER DATED