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Kerala High Court
Roby.T.S vs State Of Kerala on 16 December, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 14345 OF 2025
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2025:KER:96791
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 16TH DAY OF DECEMBER 2025 / 25TH AGRAHAYANA, 1947
BAIL APPL. NO. 14345 OF 2025
CRIME NO.92/2025 OF CHERTHALA EXCISE RANGE OFFICE, ALAPPUZHA
AGAINST THE ORDER/JUDGMENT DATED 01.12.2025 IN CRL MC
NO.1438 OF 2025 OF SESSIONS COURT, ALAPPUZHA
PETITIONER/PETITIONER/ACCUSED :
ROBY.T.S., AGED 34 YEARS
S/O GEORGE, THATTAMPARAMBIL, THAIKKAL,
THAIKKAL.P.O, CHERTHALA,
ALAPPUHA DISTRICT., PIN - 688 530.
BY ADV SHRI.R.UMASANKAR
RESPONDENT/RESPONDENT/COMPLAINANT :
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN ., PIN - 682 031.
SRI.SANAL P. RAJ, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.12.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 14345 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A.No.14345 of 2025
...................................................
Dated this the 16th day of December, 2025
ORDER
This bail application is filed under Section 482 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the accused in Crime No.92/2025 of Cherthala Excise Range
Office, Alappuzha, registered for the offence punishable under Section
55(i) of the Abkari Act, 1077 [for brevity, 'the Act'].
3. The prosecution case is that on 01.09.2025 the acused was found in
possession of 4.5 litres of Indian Made Foreign Liquor (for brevity, IMFL),
kept for sale, and thereby committed the offences alleged.
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 petitioner has
been falsely arrayed as an accused and has no involvement in the
alleged crime.
6. The learned Public Prosecutor opposed the bail application and submitted
that the allegations against the petitioner are serious in nature and
custodial interrogation is essential
7. Possession of IMFL upto the extent of 3 litres is permissible under law. If
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there is possession in excess of the said quantity, it becomes an offence
under 63 of the Act, which is a bailable offence. However, the
prosecution alleges that the accused had kept the IMFL for sale, though
no material has been collected so far to indicate that there was any
intention of sale. Merely because, the accused had Rs.500/, the same is
not a reason to assume that the IMFL was kept for sale, at this juncture.
Those are matters to be considered later. However, considering the
circumstances arising in the case, I am of the view that, only an offence
under Section 63 of the Act is attracted, and the rigour under Section 41A
of the Act will not apply.
8. In Ashok Kumar v. State of Union Territory Chandigarh [2024 SCC
OnLine SC 274], it has been held that a mere assertion on the part of the
State while opposing the plea for anticipatory bail that custodial
interrogation is required would not be sufficient and that the State would
have to show or indicate more than prima facie case as to why custodial
interrogation of the accused is required for the purpose of investigation.
In the instant case, the State has not been able to convince this Court
that custodial interrogation is necessary.
9. On a consideration of the circumstances arising in the case, this Court is
of the view that though the allegations are serious in nature, custodial
interrogation of the petitioner is not required. Further, having regard to
the nature of the offence and the severity of punishment, this Court is of
the view that petitioner is entitled to be released on pre-arrest bail.
10. Accordingly, this application is allowed on the following conditions:
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(a) Petitioner shall appear before the Investigating Officer on
29.12.2025 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.
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/16/12/2025
BAIL APPL. NO. 14345 OF 2025
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APPENDIX OF BAIL APPL. NO. 14345 OF 2025
PETITIONER ANNEXURES
ANNEXURE I COPY OF THE ORDER IN CRL.M.C NO. 1438/2025
DATED 01.12.2025 OF THE HON'BLE DISTRICT AND
SESSIONS COURT, ALAPPUZHA.
