Kerala High Court
Sreekumar vs State Of Kerala on 18 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:62308
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 18TH DAY OF AUGUST 2025 / 27TH SRAVANA, 1947
BAIL APPL. NO. 9368 OF 2025
CRIME NO.68/2025 OF Cherthala Excise Range Office, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.916 OF 2025 OF
DISTRICT & SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY,
ALAPPUZHA
PETITIONER/ACCUSED:
SREEKUMAR
AGED 49 YEARS
S/O MADHUSOODHAN NAIR VELUTHEDATH PARAMBU
KADAKKARAPALLY PANCHAYATH WARD IX, KADAKKARAPALLY P.O
CHERTHALA ALAPPUZHA, PIN - 688 524
BY ADVS.
SRI.S.RAJEEV
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SHRI.ANILKUMAR C.R.
SHRI.K.S.KIRAN KRISHNAN
SMT.DIPA V.
SHRI.AKASH CHERIAN THOMAS
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BAIL APPL. NO. 9368 OF 2025
2
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682 031
2 STATION HOUSE OFFICER
CHERTHALA EXCISE RANGE OFFICE-, (CRIME NO 68/2025 OF
CHERTHALA EXCISE RANGE OFFICE, PIN - 688 524
OTHER PRESENT:
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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3
BECHU KURIAN THOMAS, J.
......................................................
B.A. No. 9368 of 2025
...................................................
Dated this the 18th day of August, 2025
ORDER
This bail application is filed under section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the sole accused in Crime No.68 of 2025 of
Cherthala Excise Range Office, Alappuzha, registered for the offences
punishable under Section 55(i) of the Abkari Act, 1077 (for short, 'the
Act').
3. According to the prosecution, on 01.07.2025 at 11.25 am on
a public road petitioner was found in possession of 5.5 liters of IMFL in
violation of the provisions of the Abkari Act.
4. Heard, Sri.S.Rajeev, the learned Counsel for the petitioner as
well as Sri. Noushad K.A, the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that
petitioner has been falsely arrayed as an accused and that he has no
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involvement in the alleged crime and, therefore, he may be granted
anticipatory bail.
6. The learned Public Prosecutor opposed the bail application
and submitted that custodial interrogation is necessary.
7. In Sushila Aggarwal and Others v. State (NCT of Delhi) and
Another, 2020 (5) SCC 1, it was held that while considering whether to
grant anticipatory bail or not, Courts ought to be generally guided by
considerations such as the nature and gravity of the offences, the role
attributed to the applicant, and the facts of the case. Grant of
anticipatory bail is a matter of discretion and the kind of conditions to be
imposed or not to be imposed are all dependent on facts of each case,
and subject to the discretion of the court.
7. In the instant case, the prosecution has not been able to
convince this Court of the necessity of custodial interrogation
8. Petitioner was allegedly found in possession of 5.5 liters of
Indian Made Foreign Liquor and the offence under Section 55(i) of the
Act has been alleged against him. Considering the entire allegations, this
Court is of the view that prima facie only an offence under Section 63 of
the Abkari Act will be attracted, which is a bailable offence. However,
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since the offence under 55(i) of the Act has been incorporated, I am of
the view that the petitioner can be granted anticipatory bail subject to
conditions.
Accordingly, this application is allowed on the following
conditions:
(a) Petitioner shall appear before the Investigating Officer on
27.08.2025 and shall subject himself to interrogation.
(b) If after interrogation, the Investigating Officer proposes to
arrest the petitioner, then, he 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 before the
Investigating Officer.
(c) Petitioner shall appear before the Investigating Officer as
and when required and shall also co-operate with the
investigation.
(d) Petitioner shall not intimidate or attempt to influence the
witnesses; nor shall he tamper with the evidence.
(e) Petitioner shall not commit any similar offences while he is
on bail.
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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
mus
