AI Structured Summary
Facts, law points, precedents, ratio and the final ruling — distilled from the full judgment
AI Structured Summary
Facts, law points, precedents, ratio and the final ruling — distilled from the full judgment
Facts
This application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. The applicant is accused No.1 in O.R. No.132/2026 of the Varkala Excise Range Office, Thiruvananthapuram District. The offences alleged are punishable under Section 13 read with Sections 63 and 55(i) of the Kerala Abkari Act, 1 of 1077. The prosecution case is that on 13.09.2026 at 21:30 hours, the applicant stored 31.350 litres of beer for sale inside a room located at the north-rear corner of a building bearing No.417(1)0083, forming part of Sand Bay Beach Resort in Odayam Desom, Edava Village, Varkala Taluk, Thiruvananthapuram District, and thereby committed the alleged offences. The court heard the learned counsel for the applicant and the learned Public Prosecutor and perused the case diary. The applicant's counsel submitted that the applicant is innocent, has been falsely implicated, and that no materials connect him with the alleged crime. The Public Prosecutor submitted that the incident occurred as part of the applicant's intentional criminal acts and that he is not entitled to bail at this stage. The applicant was remanded to judicial custody on 13.09.2026. The investigation is almost over and the recovery has been effected. The applicant has no criminal antecedents. The application was allowed on conditions.
Law Points
Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of offences alleged under Section 13 read with Sections 63 and 55(i) of the Kerala Abkari Act, 1 of 1077.
Acts & Articles
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483. Kerala Abkari Act, 1 of 1077 — Sections 13, 63 and 55(i).
Judgments Referred
Not discussed in this judgment.
Obiter Dicta
Not discussed in this judgment.
Ratio Decidendi
The applicant was entitled to bail because the investigation was almost over, the recovery had been effected, the applicant had no criminal antecedents, and the court found no reason to hold that continued detention was required for any purpose. The bail was granted subject to conditions imposed by the court.
Final Ruling
The application is allowed on the following conditions: (i) the applicant shall be released on bail on executing a bond for Rs.1,00,000/- with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court; (ii) the applicant shall fully co-operate with the investigation; (iii) the applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders and shall also appear before the investigating officer as and when required; (iv) the applicant shall not commit any offence of a like nature while on bail; (v) the applicant 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 investigation; (vi) the applicant shall not leave the State of Kerala without the permission of the trial Court; (vii) any application for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.
Plain-Language Gist
The applicant was accused of storing beer for sale and sought regular bail. The High Court allowed the bail because the investigation was nearly complete, the recovery had already been made, and he had no criminal antecedents. He must follow several conditions, including executing a bond, co-operating with the investigation, appearing before the investigating officer, and not leaving Kerala without permission.
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Judgment
O R D E R
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicant is the accused No.1 in O.R. No.132/2026 of Varkala Excise Range Office, Thiruvananthapuram District. The offences alleged are punishable under Section 13 read with Sections 63 and 55(i) of the Kerala Abkari Act, 1 of 1077.
The prosecution case, in short, is that on 13.09.2026 at 21:30 hours, the applicant stored 31.350 litres of beer for sale inside a room located at the north-rear corner of a building bearing No.417(1)0083, which formed part of Sand Bay Beach Resort situated in Odayam Desom, Edava Village, Varkala Taluk, Thiruvananthapuram District, and thereby committed the aforesaid offences.
I have heard Sri.Arun Samuel, the learned counsel for the applicant and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
The applicant was remanded to judicial custody on 13.09.2026. The investigation is almost over and the recovery has been effected. The applicant has no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
The applicant shall fully co-operate with the investigation.
The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
The applicant shall not commit any offence of a like nature while on bail.
The applicant 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 investigation.
The applicant shall not leave the State of Kerala without the permission of the trial Court.
The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.
APPENDIX OF BAIL APPL. NO. 5361 OF 2026
PETITIONER ANNEXURES
Annexure A1. A TRUE COPY OF THE CRIME AND OCCURRENCE REPORT DATED 14/09/2026 IN OCCURRENCE NO. 132/2026 OF EXCISE RANGE OFFICE, VARKALA
Annexure A2. A TRUE COPY OF THE ONLINE INVITATION LETTER OF THE BAPTISM OF THE APPLICANT’S NEPHEW