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2026 Supreme(Online)(Ker) 12866

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


Advocates:
For the Appellants/Petitioners: SRI.P.ANTO THOMAS
For the Respondents: SRI K A NOUSHAD, SR. PUBLIC PROSECUTOR

ORDER

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

arrest bail.

2. The applicant is the sole accused in Occurrence Report No.6/2026 of Kalady Excise Range Office, Ernakulam District. The offence alleged is punishable under Section 55 (g)

of the Abkari Act .

3. The prosecution case, in short, is that on 13.01.2026 at about 01:00 p.m., 45 litres of wash possessed and stored for the distillation of arrack was seized by the Excise Inspector and party from the north western corner of the house of the applicant and thereby committed the offence.

4. I have heard Sri.Anto Thomas Palatty, 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. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intent

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