Kerala High Court
Sivaprakash vs State Of Kerala on 1 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:57300
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
BAIL APPL. NO. 8875 OF 2025
CRIME NO.112/2025 OF MAVELIKKARA EXCISE RANGE OFFICE,
ALAPPUZHA.
PETITIONER:
SIVAPRAKASH,
AGED 59 YEARS,
S/O. SIVANKUTTY, NEDIYATH HOUSE,
PADINJARE VAZHI MURIYIL, THRIPPERUMTHARA,
MAVELIKKARA, ALAPPUZHA DISTRICT,
PIN - 690 101.
BY ADVS.
SHRI.ALEX K.JOHN
SHRI.ABHISHEK T.M.
SMT.FIDA HUSNA P.P.
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.8875 of 2025
2025:KER:57300
-2-
BECHU KURIAN THOMAS, J.
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Bail Appl. No.8875 of 2025
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Dated this the 1st day of August, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the first accused in Crime No.112 of 2025 of Excise Range Office, Mavelikkara, registered for the offence punishable under section 55(i) of the Kerala Abkari Act, 1077.
3. According to the prosecution, on 08.07.2025, accused was found in possession of liquor Courier Napoleon Gold Brandy and Old Chef Deluxe Triple X Rum for the purpose of sale and thereby committed the offences alleged. Petitioner was arrested on 08.07.2025 and he has been in custody since then.
4. I have heard Sri.Alex K John., the learned counsel for the petitioner as well as Sri.Noushad K A., the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 08.07.2025, hence further detention is not necessary.
6. The learned Public Prosecutor opposed the bail application and submitted that petitioner is involved in three other crimes of a Bail Appl. No.8875 of 2025 2025:KER:57300 -3- similar nature.
7. Though the allegations against the petitioner are serious, having regard to the quantity of liquor possessed by the petitioner, I am of the view that, prima facie, only an offence under Section 63 of the Abkari Act may be attracted.
8. In view of the above, the rigour under Section 41A is inapplicable atleast prima facie. Though the learned Public Prosecutor pointed out that the petitioner is involved in three other similar cases, I am of the view that the same need not deter this Court from granting bail to the petitioner, considering the period of custody already undergone. Having regard to the period of custody already undergone by the petitioner, I am satisfied that he ought to be released on bail.
In the result, this application is allowed on the following conditions:-
(a) Petitioner 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 to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of Bail Appl. No.8875 of 2025 2025:KER:57300 -4- the Court having jurisdiction.
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 appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE ADS Bail Appl. No.8875 of 2025 2025:KER:57300 -5- APPENDIX OF BAIL APPL. 8875/2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE REMAND REPORT FILED BY THE EXCISE IN CRIME NO. 112/2025 OF MAVELIKKARA EXCISE RANGE OFFICE.
Annexure A2 THE TRUE COPY OF THE ORDER PRONOUNCED BY
THE HON'BLE JUDICIAL FIRST-CLASS
MAGISTRATE COURT- 1 CHENGANNUR IN CMP NO. 4059/2025.