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2026 Supreme(Online)(Ker) 12113

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


Advocates:
For the Appellants/Petitioners: SHRI.SARATH BABU KOTTAKKAL, SHRI.SEBASTIN, SMT.KARTHIKA S.
For the Respondents: SRI.K.A. NOUSHAD, SR. PP

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.13/2026 of Thrissur Excise Range Office, Thrissur District. The offences alleged are punishable under Sections 6 (a) and 6(b) of the Cigarettes and Other Tobacco Products Act, 2003 (COTPA Act), and Sections 15C r/w 63 and 55(i) of the Kerala Abkari Act, 1077 .

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

30.01.2026, at 2.00 pm, the applicant was found in possession of 5 kg tobacco products and 800 ml of IMFL at EWA-1249/82 KSEB electric connection shop at Thrissur Corporation, in violation of the provisions of the Kerala Abkari Act. The accused No.2 was found consuming liquor in public place. Thus, the applicant committed the offences alleged.

4. I have heard Sri.Sarath Babu Kottakkal, 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 reco

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