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2026 Supreme(Online)(Ker) 4254

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


Advocates:
For the Appellants/Petitioners: SRI.A.ARUNKUMAR, SRI.S.SHYAM KUMAR, SHRI.SACHIN GEORGE ARAMBAN, SMT.SHYAMILI S.L.
For the Respondents: SRI.K.A. NOUSHAD

O R D E R

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 in Crime No.8/2026 of Kumbala Excise Range Office, Kasaragod District. The offence alleged is punishable under Section 58 of the Kerala Abkari Act .

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

05.01.2026 at 6.30 p.m., at Bambrana Nagar in Bambrana Village, the applicant was found in possession of 5.13 litres of IMFL meant for sale only in the State of Karnataka and thereby committed the offence.

4. I have heard Sri.Arunkumar, the learned counsel for the applicant and Sri.K.A.Noushad, 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 Senior 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

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