2025:KER:29366 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 BAIL APPL. NO. 3430 OF 2025 CRIME NO.27/2025 OF MATTANNUR EXCISE RANGE OFFICE, KANNUR AGAINST THE ORDER DATED 03.03.2025 IN CRMC NO.223 OF 2025 OF DISTRICT COURT & SESSIONS COURT,THALASSERY PETITIONER/ACCUSED: BIJESH K AGED 40 YEARS, S/O NARAYANAN, KALLILAMTHODE HOUSE, CHAVASSERY PARAMBA, CHAVASSERY AMSOM, IRITTY TALUK, KANNUR, PIN – 670 702. BY ADVS. K C MOHAMED RASHID ABIN BENNY DENNISE JACOB SAVY RESPONDENTS/STATE/DE-FACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2 EXCISE INSPECTOR EXCISE RANGE OFFICE, MATTANNUR THALASSERY, KANNUR DISTRICT, PIN – 670 702. BY ADV NOUSHAD K A, SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29366 B.A No.3430 of 2025 2 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.3430 of 2025 ------------------------------- Dated this the 4th day of April, 2025 O R D E R This Bail application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is the accused in Crime No.27/2025 of Excise Range Office, Mattannur. The above case is registered against the petitioner alleging offences punishable under Sections 8(1) and (2) and 55(g) of the Kerala Abkari Act. 3. Prosecution case is that the Detecting Officer in this case seized huge quantity of wash and illicit arrack from a house under construction. It is alleged that the petitioner was in conscious possession of the same. 4. Heard the counsel for the petitioner and the public Prosecutor. Learned Public Prosecutor seriously 2025:KER:29366 B.A No.3430 of 2025 3 opposed the bail application. 5. After hearing both sides, I think this is not a fit case, in which orders u/s.482 BNSS can be passed. At this stage the counsel for the petitioner submitted that the petitioner will surrender before the Investigating Officer. The counsel also submitted that there may be a direction to produce the petitioner after interrogation before the jurisdictional court and there may be a direction to the jurisdictional court to consider the bail application on the date of production of the petitioner. I think that prayer can be allowed. Considering the submission of the counsel for the petitioner, this bail application is disposed of with the following directions. 1) The petitioner will surrender before the Investigating Officer within two weeks from today. 2025:KER:29366 B.A No.3430 of 2025 4 2) If the petitioner surrender before the Investigating Officer as directed above, the Investigating Officer is free to interrogate the petitioner. If arrest is recorded, the petitioner shall be produced before the jurisdictional court on the date of surrender itself. 3) The petitioner is free to file bail application before the jurisdictional court at the time of producing him. If such a bail application is filed with advance copy to the prosecutor concerned, the jurisdictional court will consider that bail application in accordance with law and pass appropriate orders in it preferably on the date of filing of the same itself. 2025:KER:29366 B.A No.3430 of 2025 5 4) The Investigating Officer is free to file custody application, if necessary, at the time of producing the petitioner and if such application is filed, the jurisdictional court is free to pass appropriate orders in it also. Sd/- P.V.KUNHIKRISHNAN JUDGE AMR 2025:KER:29366 B.A No.3430 of 2025 6 APPENDIX OF BAIL APPL. 3430/2025 PETITIONER’S ANNEXURE Annexure A TRUE COPY OF THE ORDER DATED IN 03.03.2025 IN CRL.M.C.NO.223/2025 ON THE FILE OF HON’BLE SESSIONS COURT, THALASSERY