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2026 Supreme(Online)(Ker) 5967

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
THOMAS MATHEW @ ROY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.MOHAMED SABAH, SRI.LIBIN STANLEY, SMT.SAIPOOJA, SRI.SADIK ISMAYIL, SMT.R.GAYATHRI, SRI.M.MAHIN HAMZA, SHRI.ALWIN JOSEPH, SHRI.BENSON AMBROSE
For the Respondents: SRI.M.C ASHI, SR. PP

Table of Content
1. court's observations on the seriousness of allegations and investigation. (Para 4 , 6 , 7)
2. arguments presented by both parties regarding bail. (Para 5)

ORDER

Dated this the 02nd day of February, 2026

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-arrest bail.

2. The applicants are the accused Nos.1 and 2 in Crime No.274/2025 of Ranni Excise Range Office, Pathanamthitta District. The offences alleged are punishable under Section 55 (i) of theKerala Abkari Actand Section 6(b) of the Cigarettes & Other Tobacco Products Act.

3. The prosecution case, in short, is that on 01.11.2025, at about 01:00 p.m., the Excise Inspector and party had detected 140.5 litres of Indian Made Foreign Liquor (IMFL) and 5 kg of prohibited tobacco products, as, having been stored for sale by the applicants, inside a room in a residential building bearing No.V/305 situated at Kollamula near Little Flower School junction.

4. I have heard Sri. P.Mohamed Sabah, the learned counsel for the applicants and Sri. M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants

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