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2026/KER/48935

B.A.No. 3547 of 2026

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

MONDAY, THE 6^TH DAY OF JULY 2026 / 15TH ASHADHA, 1948

BAIL APPL. NO. 3547 OF 2026

CRIME NO.486/2026 OF PUDUNAGARAM POLICE STATION, PALAKKAD

PETITIONER/ACCUSED:

JAYAPRAKASH

AGED 32 YEARS, S/O.SELVARAJ,

163, AMBETHKAR COLONY,

GOVINDAPURAM, MUTHALAMA,

MEENKARA DAM, PALAKKAD.,

PIN - 678507

BY ADV SRI.NIREESH MATHEW

RESPONDENT/COMPLAINANT-STATE:

STATE OF KERALA

REPRESENTED BY THE PUBLIC PROSECUTOR,

HIGH COURT OF KERALA,

ERNAKULAM, KOCHI., PIN - 682031

SRI.V. VINAY, SR.PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

06.07.2026, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

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O R D E R

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.486/2026

of Pudunagaram Police Station, Palakkad District. The

offences alleged are punishable under Sections 55(a) and (i)

of the Kerala Abkari Act.

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

05.05.2026 at 20.50 hours, the accused Nos.1 and 2, whose

names are unknown, were found in possession of 20 litres of

Indian Made Foreign Liquor, was found selling the same and

thereby committed the aforementioned offences.

4. I have heard Sri.Nireesh Mathew, the learned

counsel for the applicant and Sri.Vinay 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

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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 Senior 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

22.06.2026. The investigation is almost over and the

recovery has been effected. The applicant is involved in

another offence punishable under Section 58 of the Kerala

Abkari Act. However, the said crime is of the year 2020. 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: -

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(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

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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

APA

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APPENDIX OF BAIL APPL. NO. 3547 OF 2026

PETITIONER ANNEXURES

ANNEXURE 1 TRUE PHOTOCOPY OF THE

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