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2026 Supreme(Online)(Ker) 28903

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. BALAKRISHNAN, J
SIVAN – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. No. 2361 of 2026 | Crime No.500/2026



Advocates:
For the Appellants/Petitioners: SRI.V.A.JOHNSON (VARIKKAPPALLIL)
For the Respondents: SRI.VIPIN NARAYANAN, SR.PP.

Bail granted due to completed investigation, no antecedents, and non-serious opposition by prosecution.

Headnote:The petitioner was found possessing 7.5 litres of Indian Made Foreign Liquor (IMFL) in a car for sale, contrary to Sections 55(a) and 55(i) of the Kerala Abkari Act. The court examined the prosecution case, arrest on 20.04.2026, completion of investigation, and absence of criminal antecedents. The court determined that further detention was unnecessary given the progressed investigation and nature of offences. The key issue was whether bail should be granted considering the allegations, custody duration, and investigation status. The court reasoned that the petitioner posed no flight risk, had no antecedents, and agreed to conditions, with the Public Prosecutor not opposing on strict terms. The bail application was allowed, releasing the petitioner on a Rs.1 lakh bond with sureties, subject to conditions including weekly reporting, non-interference with witnesses, and state exit restrictions.

Table of Content
1. bail application under s.483 for liquor possession offences. (Para 1 , 2 , 3)
2. arguments favour bail with conditions. (Para 4 , 5 , 6)
3. no further detention needed post-investigation. (Para 7)

O R D E R

This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

2. Petitioner is the sole accused in Crime No. 500/2026 of Vadakkanchery Police Station, for alleged to have committed the offences punishable under Sections 55 (a) and 55(i) of the Kerala Abkari Act.

3. The prosecution case is that on 19.04.2026 at 20.15 hours, near Manappadam NUP School, Thachanadi public road in Manappadam, the accused was found possessing 7.5 litres of Indian Made Foreign Liquor in a car bearing registration No.KL-

49-A-5185, for the purpose of sale.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner is innocent of the allegations levelled against him and that he is in custody from 20.04.2026 onwards. He also submitted that the investigation in this case is over and the petitioner is ready to abide by any conditions imposed by this Court.

6. The learned Public Prosecutor did not seriously oppose this application and submitted that bail can be granted on strict terms and conditions.

7. On going through the materials on record, it is to be seen that the allegation against the petitioner is that he was found possessing and carrying 7.5 litres of Indian Made Foreign Liquor (IMFL) in a car, for the purpose of sale. The records also show that the petitioner has been arrested as early as on 20.04.2026 and that the investigation in this case has progressed substantially. Further, the petitioner is not having any criminal antecedents. Therefore, considering all the afore facts, including the nature of the allegations, I am of the view that further detention of the petitioner is not required and bail can be granted to him, subject to strict terms and conditions.

8. In the result, this bail application is allowed as follows:

1. Petitioner shall be released on bail on executing a bond for Rs.1 lakh with two solvent sureties for the like sum each to the satisfaction of the jurisdictional court.

2. After release, the petitioner shall appear before the Investigating Officer between 10 a.m. and 1 p.m on every Fridays for a period of three months or till the Final Report is filed, whichever event happens first.

3. Petitioner shall not influence/intimidate the witnesses or tamper with evidence or shall commit any other crime while on bail.

4. Petitioner shall not leave the State without permission of the jurisdictional court.

5. The prosecution will be at liberty to move the jurisdictional court for cancellation of bail, in case the petitioner violates the afore conditions.

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