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Kerala High Court
Rathnamma vs State Of Kerala on 11 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:12681
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 11TH DAY OF FEBRUARY 2026 / 22ND MAGHA, 1947
BAIL APPL. NO. 12277 OF 2025
CRIME NO.75/2025 OF KAYAMKULAM EXCISE RANGE OFFICE, ALAPPUZHA
AGAINST THE ORDER DATED 23.09.2025 IN CRMC NO.1123 OF 2025
OF DISTRICT & SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY,
ALAPPUZHA
PETITIONER/ACCUSED NOS.1 AND 2:
1 RATHNAMMA
AGED 68 YEARS
W/O SREEDHARAN, SREENILAYAM HOUSE, KANDALLOOR THEKKU
MURI KANDALOOR VILLAGE, KARTHIKAPALLY TALUK,
ALAPPUZHA, PIN - 690535
2 SREELAL
AGED 39 YEARS
S/O SREEDHARAN, SREENILAYAM HOUSE, KANDALLOOR THEKKU
MURI,KANDALOOR VILLAGE, KARTHIKAPALLY TALUK
ALAPPUZHA, PIN - 690535
BY ADVS.
SRI.MANU HARSHAKUMAR
SHRI.RAPHAEL THEKKAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
SRI.K.A. NOUSHAD, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.12277 of 2025
-2-
2026:KER:12681
ORDER
This application is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-
arrest bail.
2. The applicants are the accused Nos.1 and 2 in Crime
No.75/2025 of Kayamkulam Excise Range Office, Alappuzha
District. The offences alleged are punishable under Sections
55(i), 55D and 58 of the Kerala Abkari Act.
3. The prosecution case, in short, is that on 03.09.2025
when the Excise party were conducting patrolling, they got a
reliable information that the applicants are conducting sale of
IMFL at their residence. Upon the said information, the excise
party had proceeded to the house of the applicants and seized
0.185 litres of illicit liqour from the house and thereby
committed the offences.
4. I have heard Sri.Manu Harshakumar, the learned
counsel for the applicants and Sri. K.A.Noushad, the learned
Senior Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicants submitted that
2026:KER:12681
the applicants are innocent and have been falsely implicated in
the above crime. The counsel further submitted that no
materials are on record to connect the applicants with the
alleged crime; hence, they are entitled to get bail. The learned
Senior Public Prosecutor, on the other hand, submitted that the
alleged incident occurred as a part of the intentional criminal
acts of the applicants, and if they are released on bail at this
stage, it will affect the course of the investigation.
6. The applicants are mother and son. The contraband
was seized from the house where the applicants were residing.
The applicant No.1 is a lady aged 68 years. It is seen from the
records that she is suffering from serious illness. She happened
to be arrayed as an accused for the reason that she was there
in the house. There are materials on record to connect the
applicant No.2 with the crime. In these circumstances, I am of
the view that custodial interrogation of the applicant No.1 is not
necessary and hence, she can be granted pre-arrest bail.
However, considering the allegations levelled against the
applicant No.2 and the complexity in the crime, he is not
entitled to pre-arrest bail.
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In the result, the application is allowed in part on the
following conditions:-
(i) The applicant No.1 shall be released on bail in the
event of her arrest on executing a bond for Rs.1,00,000/-
(Rupees One lakh only) each with two solvent sureties for the
like sum each to the satisfaction of the arresting
officer/investigating officer, as the case may be.
(ii) The applicant No.1 shall fully cooperate with the
investigation, including subjecting herself to the deemed police
custody for discovery, if any, as and when demanded.
(iii) The applicant No.1 shall appear before the
investigating officer between 10.00 a.m. and 11.00 a.m. every
Saturday until further orders. She shall also appear before the
investigating officer as and when required.
(iv) The applicant No.1 shall not commit any offence of a
like nature while on bail.
(v) The applicant No.1 shall not attempt to contact any
of the prosecution witnesses, directly or through any other
person, or in any other way try to tamper with the evidence or
influence any witnesses or other persons related to the
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investigation.
(vi) The applicant No.1 shall not leave the State of Kerala
without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of
bail conditions or cancellation of bail on the grounds of violating
the bail conditions shall be filed at the jurisdictional court.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
SKP
2026:KER:12681
APPENDIX OF BAIL APPL. NO. 12277 OF 2025
PETITIONERS' ANNEXURES:
Annexure 1 TRUE COPY OF BAIL ORDER IN CRL MC NO
1123/2025 DATED 23.09.2025 OF SESSIONS
JUDGE, ALAPPUZHA.
Annexure 2 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
13.09.2025.
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
