Kerala High Court
Rijas vs State Of Kerala on 17 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8564 OF 2025
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2025:KER:52928
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
BAIL APPL. NO. 8564 OF 2025
CRIME NO.1240/2025 OF FORT POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED 05.07.2025 IN CRMP NO.1058
OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
II,THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
RIJAS
AGED 32 YEARS
S/O. NAVAS, T.C.39/1923, KARIMADOM COLONY,
MANACAUD WARD, MANACAUD VILLAGE,
THIRUVANANTHAPURAM DISTRICT.,
PIN - 695009
BY ADV SRI.SHAJIN S.HAMEED
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.,
PIN - 682031
SRI.NOUSHAD K.A., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8564 OF 2025
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2025:KER:52928
BECHU KURIAN THOMAS, J.
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B.A. No.8564 of 2025
...................................................
Dated this the 17th day of July, 2025
ORDER
This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the sole accused in Crime No.1240/2025 of Fort Police Station, Thiruvananthapuram District; registered for the offences punishable under Section 55(i) of the Abkari Act, 1077 [for short, 'the Act'].
3. The prosecution case is that, on 01.07.2025, the accused was found in possession of 7.80 litres of beer and 2.5 litres of Indian Made Foreign Liquor [for short, 'IMFL'] for the purpose of illicit sale, and thereby committed the offences alleged. Petitioner was arrested on 01.07.2025 and he has been in custody since then.
4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the entire prosecution allegations are false and considering the period of detention already undergone, he ought to be released on bail. BAIL APPL. NO. 8564 OF 2025 3 2025:KER:52928
6. The learned Public Prosecutor opposed the bail application and submitted that, the allegations are serious in nature, and therefore, petitioner ought not to be released on bail.
7. The prosecution alleges that illicit liquor was found in the possession of the petitioner, which was kept for sale on a dry day i.e., 01.07.2025, and thereby he committed the offences alleged. Though the allegations are serious in nature, considering the period of detention already undergone, I am of the view that petitioner can be released on bail. The rigour under Section 41A of the Act also cannot be wholly attracted, since there is nothing to prima facie indicate that petitioner had been indulging in sale of IMFL. Of course, those matters are to be examined during investigation. Though the learned Public Prosecutor pointed out that petitioner is involved in other crimes, the said antecedents need not deter this Court from granting bail to the petitioners.
8. Having regard to the nature of allegations and considering the period of detention already undergone, I am of the view that further detention of the petitioner is not necessary. Therefore, petitioner is entitled to be released on bail.
9. In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses;
nor shall he tamper with the evidence.
BAIL APPL. NO. 8564 OF 2025 4 2025:KER:52928
(d) Petitioner shall not commit any similar offences while he is on bail. In case of violation of any of the above conditions, or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/17/07/2025 BAIL APPL. NO. 8564 OF 2025 5 2025:KER:52928 APPENDIX OF BAIL APPL. 8564/2025 PETITIONER ANNEXURES ANNEXURE-A TRUE COPY OF THE FIR IN CRIME NO.1240/2024 OF FORT POLICE STATION, THIRUVANANTHAPURAM DISTRICT.
ANNEXURE-B FREE COPY OF THE ORDER DATED 05/07/2025 IN CRL.M.P.NO.1058/2025 OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT-II, THIRUVANANTHAPURAM.