B.A.No.3460 of 2025 1 2025:KER:28736 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 3460 OF 2025 CRIME NO.145/2024 OF THIRUVALLA EXCISE RANGE OFFICE, PATHANAMTHITTA PETITIONER(S)/ACCUSED NO.3: SURESH P.A AGED 52 YEARS S/O.ACHUTHAN NAIR, PATTATHIL HOUSE, VELLANCHIRA MURI, ALOOR VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680697 BY ADV NIREESH MATHEW RESPONDENT(S)/COMPLAINANT - STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 BY ADV. SR PP – SRI. NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.3460 of 2025 2 2025:KER:28736 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.3460 of 2025 ------------------------------- Dated this the 03rd 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 an accused in Crime No.145/2024 of Thiruvalla Excise Range Office, Pathanamthitta. The above case is registered against the petitioner alleging offences punishable under Sections 55(a) and 56(b) of the Kerala Abkari Act. 3. The prosecution case is that, on 04.09.2024 at 9.15 AM, based on a secret information, a search was conducted near a toilet which is behind toddy shop No.8/2024-25, Swamipalam toddy shop. It is alleged that 20 liters of spirit which was stored in 4 cans of 5 liter each was seized beneath an asbestos, which was slanting outside the toilet. The accused Nos.1 and 2, the employees of the toddy shop, were arrested. It is alleged that the petitioner is the licensee of the toddy shop B.A.No.3460 of 2025 3 2025:KER:28736 and the 4th accused is the Manager of the toddy shop. Accused Nos.1, 2 and 4 were already arrested and released on bail. 4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. Learned Public Prosecutor seriously 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. 6. 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. 2) If the petitioner surrender before the Investigating B.A.No.3460 of 2025 4 2025:KER:28736 Officer as directed above, the Investigating Officer is free to interrogate the petitioner and shall produce the petitioner before the jurisdictional court on the date of surrender itself. 3) The petitioner is free to file a bail application before the jurisdictional court at the time of producing him before the jurisdictional court. 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. 4) The Investigating Officer is free to file custody application, if necessary, at the time of producing the petitioner and if such an application is filed, the jurisdictional court is free to pass appropriate orders in it also. Sd/- P.V.KUNHIKRISHNAN, JUDGE DM