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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BECHU KURIAN THOMAS, J.
......................................................
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.
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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.
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(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
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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.
