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Judgment
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 Crime No.598/2026 of Palarivattom Police Station, Ernakulam District. The offences alleged are punishable under Sections 132, 121, 115(2), 296(b), 189(2) and 191(2) r/w 190 of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that on 15.08.2026 at about 10.30 p.m., the Excise officials proceeded to the residential premises of the applicant at AKG Nagar Colony, Poonithura Village, pursuant to the information regarding possession of Methamphetamine. When the Excise officials proceeded with their duty, the applicant along with other accused persons assaulted and obstructed them from discharging their official duty. Thus, the applicant committed the aforementioned offences.
I have heard Sri.K.A.Anas, 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 21.08.2026.. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. Specific overt act has been attributed to the applicant. The applicant has assaulted and obstructed the duty of the excise officials including a lady officer. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.