Kerala High Court
Johnson @ Karate Johny vs State Of Kerala on 18 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:53416
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 18TH DAY OF JULY 2025/27TH ASHADHA, 1947
BAIL APPL. NO. 8599 OF 2025
CRIME NO.763/2015 OF KANJIRAMKULAM POLICE STATION,
THIRUVANANTHAPURAM AGAINST THE ORDER/JUDGMENT IN CMP
NO.4207 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,
NEYYATTINKARA.
PETITIONER:
JOHNSON @ KARATE JOHNY,
AGED 45 YEARS,
S/O GEORGE, ERUKALLUVILA PURAYIDAM,
POOVAR VILLAGE, NOW RESIDING AT HOUSE NO.286(A),
THEKKEKKARA, PONNUNDA, KARUMAKULAM,
KARUMKULAM VILLAGE, THIRUVANANTHAPURAM,
PIN - 695 526.
BY ADV SRI.M.R.SASITH
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.8599 of 2025
2025:KER:53416
-2-
BECHU KURIAN THOMAS, J.
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Bail Appl. No.8599 of 2025
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Dated this the 18th 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 accused in Crime No.763 of 2025 of Kanjiramkulam Police Station, Thiruvananthapuram, registered for the offences punishable under sections 13, 63, 55(a), 8(2), 8(1), 58 of Abkari Act, 1077.
3. According to the prosecution, the accused was found to be in possession of 16.800 litres of Foreign Made Liquor as well as 600 ml of Indian Made Foreign Liquor, apart from various wines and beer, as well as 500 ml of arrack from his residential house and thereby committed the offences as alleged.
4. I have heard Sri.Sasith M R., the learned counsel for the petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.
5. The learned counsel for the petitioner pointed out that the arrack was never seized from his possession and, that at the most, only the offence under Section 63 of the Abkari Act would be attracted.
Bail Appl. No.8599 of 2025
2025:KER:53416 -3-
6. The learned Public Prosecutor opposed the bail application.
7. Petitioner is alleged to have been found in possession of 16.800 litres of Foreign Made Liquor as well as 600 ml of Indian Made Foreign Liquor, apart from various wines and beer, as well as 500 ml of arrack from his residential house.
8. As the petitioner was arrested on 28.06.2025 and since the seizure mahazar does not prima facie indicate any arrack having been recovered, I am of the view that the continued detention of the petitioner is not necessary. The rigour under Section 41A of the Abkari Act stands diluted and prima facie the petitioner could have been found to have committed only an offence under Section 63 of the Abkari Act. Hence, the petitioner is entitled to be released on bail.
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.
(d) Petitioner shall not commit any similar offences while he is on bail.Bail Appl. No.8599 of 2025
2025:KER:53416 -4-
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
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 ADS Bail Appl. No.8599 of 2025 2025:KER:53416 -5- APPENDIX OF BAIL APPL. 8599/2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.
763/2025 OF KANJIRAMKULAM POLICE
STATION, THIRUVANANTHAPURAM.
Annexure A2 THE TRUE COPY OF THE REMAND REPORT FILED
BY THE INVESTIGATING OFFICER BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, NEYYATTINKARA IN CRIME NO. 763/2025 DATED 28.06.2025.
Annexure A3 TRUE COPY OF THE ORDER IN CMP NO.4207/2025 IN CRIME NO. 763/2025 OF KANJIRAMKULAM POLICE STATION, THIRUVANANTHAPURAM PASSED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT- III, NEYYATTINKARA DATED 05.07.2025.