Kerala High Court
Bipin Raj vs State Of Kerala on 12 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 6678 OF 2025
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2025:KER:42223
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
BAIL APPL. NO. 6678 OF 2025
CRIME NO.101/2025 OF Ranny Excise Circle Office,
Pathanamthitta
PETITIONER/ SOLE ACCUSED :
BIPIN RAJ
AGED 45 YEARS, S/O CHANDRASEKHARAN NAIR,
EDATTHIL HOUSE, PUTHIYAKAVU,
KAITHAKODI.P.O, AIYROOR VILLAGE,
RANNI TALUK, PATHANAMTHITTA DISTRICT,
PIN - 689614
BY ADVS.
SRI.V.SETHUNATH
SHRI.THOMAS ABRAHAM (K/1051/2010)
SHRI.SREEGANESH U.
SHRI.LAKSHMINARAYAN.R
SHRI.GAUTHAM KRISHNAN K.G.
RESPONDENT/ STATE/ COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031
2 THE EXCISE CIRCLE INSPECTOR
OFFICE OF THE EXCISE RANGE OFFICE,
BUILDING NO. 03/191, RANNI P.O.,
PATHANAMTHITTA, PIN - 689 672
BAIL APPL. NO. 6678 OF 2025
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2025:KER:42223
SRI. NOUSHAD K.A., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6678 OF 2025
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2025:KER:42223
BECHU KURIAN THOMAS, J.
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B.A. No. 6678 of 2025
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Dated this the 12th day of June, 2025
ORDER
This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the sole accused in O.R.No.101 of 2025 of Ranni Excise Circle Office, Pathanamthitta, registered for the offences punishable under Section 55(i) of the Abkari Act, 1077.
3. According to the prosecution, on 09.05.2025, when the house of the petitioner was searched, 7.5 litres of Indian Made Foreign Liquor in 15 half litre bottles were recovered, which were kept for re-sale and thereby committed the offences alleged.
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 petitioner has falsely arrayed as an accused and that he has no BAIL APPL. NO. 6678 OF 2025 4 2025:KER:42223 involvement in the alleged crime.
6. The learned Public Prosecutor opposed the bail application.
7. On a perusal of the crime and Occurrence Report, it is noticed that though the recovery was of different bottles ( ROYAL ARMY GRAPE BLENDED BRANDY), there is nothing to indicate that they were kept for sale. The quantity recovered is also not substantial to even assume that there was any intended sale. Considering the nature of allegations, this Court is of the view that there is nothing to indicate, atleast at this juncture, that the petitioner had kept the IMFL for sale. Therefore, the rigour under Section 41A of the Abkari Act does not apply. Moreover in the absence of any material to indicate that the liquor was kept for sale, there is no reason to believe that he is guilty of the said offence. At the most, the offence under Section 63 of the Abkari Act alone may be attracted.
8. In Sushila Aggarwal and Others v. State (NCT of Delhi) and Another [(2020) 5 SCC 1], it was held that, while considering whether to grant anticipatory bail or not, Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case. Grant of anticipatory bail is a matter of discretion and the kind of conditions to be BAIL APPL. NO. 6678 OF 2025 5 2025:KER:42223 imposed or not to be imposed are all dependent on facts of each case, and subject to the discretion of the court.
9. Having regard to the nature of allegations and the circumstances arising in the case, I am of the view that petitioner ought to be protected by an order of anticipatory bail since the rigour under Section 41A stands diluted.
Accordingly, this application is allowed on the following conditions:
(a) In the event of the petitioner being arrested in O.R.No.Crime No.101 of 2025 of Ranni Excise Circle Office, Pathanamthitta, he 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 before the Investigating Officer.
(b) Petitioner shall appear before the Investigating Officer for interrogation if he is so required in writing and shall co-operate with the investigation.
(c) Petitioner shall not destroy or tamper with the evidence or intimidate or threaten or contact the defacto complainant.
(d) Petitioner shall not commit any other 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 BAIL APPL. NO. 6678 OF 2025 6 2025:KER:42223 appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS, JUDGE RKM BAIL APPL. NO. 6678 OF 2025 7 2025:KER:42223 APPENDIX OF BAIL APPL. 6678/2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE O.R IN EXCISE O.R. NO.101 OF 2025 OF EXCISE CIRCLE OFFICE, RANNI