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2026 Supreme(Online)(Ker) 13185

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


Advocates:
For the Appellants/Petitioners: SRI.BINOY VASUDEVAN, SRI.SREEJITH SREENATH, SMT.RINCY KHADER, SMT.K.V.RAJESWARI
For the Respondents: SRI.K.A. NOUSHAD

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 accused in Occurrence Report No.222/2025 of Kottayam Excise Range Office, Kottayam District. The offence alleged is punishable under Section 55 (i)

of the Kerala Abkari Act .

3. The prosecution case, in short, is that the applicant conducted sale of Indian Made Foreign Liquor (IMFL) of 500 ml at Choolakavala - Paruthumpara road in Panachikkadu Village, at 8.00 p.m. on 01.11.2025, which was a dry day.

4. I have heard Sri.Binoy Vasudevan, 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 above crime. 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 intentional criminal acts, and if he is released on bail at this

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