Thomaskutty Abraham vs State Of Kerala

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.

The applicant is the accused No.2 in Crime No.88/2026 of Excise Range Office, Pala, Kottayam District. The offence alleged is punishable under Section 58 of the Kerala Abkari Act, 1 of 1077 (for short, Abkari Act).

The prosecution case, in short, is that on 02.07.2026 at about 9:15 p.m., Excise officials conducted a search at the premises of the Lions Club, Spice Valley, Pala, and recovered 1.5 litres of illicit foreign liquor from the possession of the accused No.1. It is further alleged that two vehicles parked on the premises purportedly owned by the applicant contained 4.2 litres and an additional 1.5 litres of illicit foreign liquor respectively. The applicant thereby committed the aforesaid offence.

I have heard Sri.P.Vijayabhanu, the learned Senior Counsel for the applicant and Smt.Aneeda Beegum, the learned Senior Public Prosecutor. Perused the case diary.

The learned Senior Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

The recovery mahazar would show that 4.2 litres of Indian Made Foreign Liquor (for short, IMFL) were recovered from the car bearing registration No.KL-08-AP-8365 and another 1.5 litres were recovered from another car bearing registration No.KL-35-M-8990. According to the prosecution, both cars were owned by the applicant. However, Annexure 2 would show that the car bearing registration No.KL-35-M-8990 was already sold by the applicant. Even according to the prosecution, the applicant was possessing 4.2 litres of IMFL. The permissible quantity of IMFL that a person, not being a licensed manufacturer or vendor of liquor, shall possess is 3 litres. There is no allegation that the applicant possessed excess quantity, knowing the same to have been unlawfully imported, transported or manufactured, or knowing that the duty, tax or rental payable under the Abkari Act not to have been paid so as to prima facie attract Section 58 of the Abkari Act. The investigation is almost over and the recovery has been effected. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.

In the result, the application is allowed on the following conditions:-