SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 21689

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
JIJILESH – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 1832 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.M.R.SASITH, SMT.R.K.CHIRUTHA, SMT.ANJANA SURESH.E, SMT.REETHU JACOB, SMT.HASNA JABIL, SMT.ANJITHA S., SMT.MEERA NAIR.I.P, SMT.ANN GINI ROY
For the Respondents: SRI.M.C. ASHI, SR. PP

The court stated that without sufficient grounds for continued detention, bail should be granted under specific conditions.

Headnote:This bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for seeking regular bail. The applicant is accused in Crime No.31/2026 of Nadapuram Excise Range with the allegation of unauthorized possession of Indian Mage Foreign Liquor. After considering the arguments, the court determined the applicant's continued detention was unnecessary, leading to the grant of bail with specific conditions. The final outcome states that the application is allowed with conditions for bail release.

Table of Content
1. application for regular bail filed. (Para 1 , 2)
2. defendant's innocence and lack of evidence discussed. (Para 4 , 5)
3. court's decision on bail conditions. (Para 6)

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.31/2026 of Nadapuram Excise Range, Kozhikode District. The offence alleged is punishable under Section 55 (i) of the Kerala Abkari Act .

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

17.3.2026 at 8.15 pm, at the road margin in front of Eastern Steel Cement, Valayam, the applicant was found in possession of 2 litres of Indian Mage Foreign Liquor on a scooter bearing registration No.KL-56-L-2792 for the purpose of sale in contravention of the Kerala Abkari Act .

4. I have heard Sri. M.R. Sasith, the learned counsel for the applicant and Sri. M.C. Ashi, 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.

6. The applicant was remanded to judicial custody on 18.3.2026. The investigation is almost over. The recovery has been effected. The applicant has no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp APPENDIX OF BAIL APPL. NO. 1832 OF 2026 PETITIONER ANNEXURES Annexure-A1 THE TRUE COPY OF THE ORDER DATED 19-03-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top