IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
KRISHNANKUTTY – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 1030 OF 2026|CRIME NO.12/2026
| Table of Content |
|---|
| 1. bail application filed under statutory provision. (Para 1) |
| 2. allegations of illegal possession of liquor. (Para 2) |
| 3. arguments made regarding the applicant's guilt and bail entitlement. (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 accused in Crime No.12/2026 of Excise Range Office, Wadakkanchery, Thrissur District. The offences alleged are punishable under Sections 55 (i), 55(h) and 13 read with Section 63 of the Kerala Abkari Act .
3. The prosecution case, in short, is that on
8.2.2026 at about 5.30 am at Pithanamukku desom, the applicant was found in possession of 4.6 litres of Indian Made Foreign Liquor, illegaly kept in his custody for the purpose of sale in contravention of the Abkari Act.
4. I have heard Sri. Muhammed Hussain K.M, 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.
The applicant was remanded to judicial custody on
8.2.2026. 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 strong criminal antecedents. He is involved in three other crimes of similar nature. 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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