B.A.No.4538 of 2025 1 2025:KER:30435 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 BAIL APPL. NO. 4538 OF 2025 CRIME NO.39/2025 OF SULTHANBATHERY EXCISE RANGE OFFICE, WAYANAD PETITIONER(S)/ACCUSED: RAJESH K A, AGED 50 YEARS, S/O K J ALIYAS, KOCHUPARAMBIL HOUSE, CHETHALAYAM P O, KIDANGANAD, WAYANAD, CHEDALATH, KERALA, PIN - 673592 BY ADVS. SHREEHARI K.K. K.RAJESH KHANNA SHYAM MOHAN A.K. RESPONDENT(S)/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 ERO SULTHANBATHERY MYSORE ROAD, MUTHANGA POST SULTHANBATHERY, WAYANAD, PIN - 673592 BY ADV. SR PP – SRI. NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.4538 of 2025 2 2025:KER:30435 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.4538 of 2025 ------------------------------- Dated this the 08th 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.39/2025 of Sulthan Bathery Excise Range Office, Wayanad. The above case is registered against the petitioner alleging offences punishable under Sections 55(a), 58, 12C r/w 55C and 10 of the Kerala Abkari Act. 3. The prosecution case is that, on 06.02.2025 at 4.30 pm the petitioner was found in possession of 8 litres of Indian Made Foreign Liquor intended for sale in Puduchery State along with 9 litres of Indian Made Foreign Liquor and fake labels with the machineries for making such labels. Hence it is alleged that the accused committed the above said offences. 4. Heard the learned counsel appearing for the B.A.No.4538 of 2025 3 2025:KER:30435 petitioner and the learned Public Prosecutor. Counsel for the petitioner raised different contentions. The counsel submitted that, he is not in possession of the building. The counsel submitted that there is no criminal antecedents to the petitioner. The counsel submitted that, if the petitioner is arrested, he and his family will be in trouble. It is submitted that he is coming from a family in which his wife is a teacher and his son is a student. The counsel submitted that the petitioner is ready to abide any conditions if this Court grants him bail. The Public Prosecutor opposed the bail application. 5. After hearing both sides, I think this Court cannot grant anticipatory bail in this case. But, the petitioner can raise all these contentions before the trial court at the appropriate stage. 6. Therefore, 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.4538 of 2025 4 2025:KER:30435 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