IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
JOSE PRAKASH D – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 440 OF 2026 | CRIME NO.207/2025
| Table of Content |
|---|
| 1. application for bail under specific legal provisions. (Para 1 , 2 , 3) |
| 2. arguments made by both parties regarding bail. (Para 4 , 5) |
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.207/2025 of Nedumangadu Excise Range, Thiruvananthapuram District. The offences alleged are punishable under Sections 8 (1) and 8(2) of the Kerala Abkari Act .
3. The prosecution case, in short, is that the applicant was found in unauthorised possession and sale of 20 litres of arrack, near the culvert at Kanyakulangara-Siyon Kunnu- Koonooru-Mukkampalamoodu Road, Siyon Kunnu Junction, Thekkada Desom of Thekkada Village in Nedumangadu Taluk at 3.45 pm on 14.12.2025 and thereby committed the above offences.
4. I have heard Sri.Vishnu Das, 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 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 at this stage.
6. The applicant was remanded to judicial custody on
14.12.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The applicant has criminal antecedents. He is involved in three other similar crimes. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.
Sd/-
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