BA No.4393 of 2025 1 2025:KER:29554 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. 4393 OF 2025 CRIME NO.165/2025 OF Peruvanthanam Police Station, Idukki PETITIONER(S)/ACCUSED: AJESH AGED 44 YEARS, S/O. JOSEPH DEVASSIA, SOURYAMKUZHY HOUSE, KANAYANKAVAYAL, PERUVANTHANAM VILLAGE, IDUKKI DISTRICT, PIN - 685532 BY ADVS. BIJU .C. ABRAHAM THOMAS C.ABRAHAM BASIL MATHEW RESPONDENT ( S )/STATE : STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV.: SR PP - HRITHWIK C S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No.4393 of 2025 2 2025:KER:29554 P.V.KUNHIKRISHNAN, J. ------------------------------------------- BA No.4393 of 2025 -------------------------------------------- Dated this the 04th day of April, 2025 O R D E R This Bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 2. Petitioner is an accused in Crime No.165/2025 of Peruvanthanam Police Station, Idukki. The above case is registered against the petitioner alleging offence punishable under Sections 55(a) and 55(i) of the Kerala Abkari Act. 3. The prosecution case is that the accused was found in possession of 13 bottles of 500ml Honey Bee having the label of Indian Made Foreign Liquor (IMFL) in a big shopper for sale near Upasana Club in Kanayankavayal Junction in Peruvanthanam BA No.4393 of 2025 3 2025:KER:29554 Village. Hence, it is alleged that the accused committed the offence. 4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. The Public Prosecutor opposed the bail application. He submitted that the petitioner is involved in yet another case with similar set of facts. 5. After hearing the counsel for the petitioner in detail, I am of the considered opinion that, it is not a fit case in which the bail can be granted under Section 482 of BNSS. At this stage the counsel for the petitioner submitted that, the petitioner is ready to 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 BA No.4393 of 2025 4 2025:KER:29554 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 conditions: 1) The petitioner will surrender before the Investigating Officer within two weeks from today. 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 BA No.4393 of 2025 5 2025:KER:29554 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 nvj JUDGE