Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 BAIL APPL. NO. 3990 OF 2025 CRIME NO.558/2024 OF SAKTHIKULANGARA POLICE STATION, KOLLAM PETITIONER(S)/ACCUSED: SIVALAL AGED 33 YEARS S/O. SIVANANDAN, RESIDING AT SIVALAL BHAVAN, IKAY NAGAR 22, KANNOOTHARA CHERRY, KAVANADU.P.O., KOLLAM, PIN - 691003 BY ADVS. S.SREEKUMAR (KOLLAM) K.VIJAYAN NAMITHA RAJESH NITHYA V.D. ABHILASH T. RESHMI SASIDHARAN RESPONDENT(S)/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER THE SAKTHIKULANGARA POLICE STATION KOLLAM DISTRICT, PIN - 691581 BY ADV. SR PP - SRI. NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.V.KUNHIKRISHNAN, J -------------------------------- ------------------------------- Dated this the 28th day of March, 2025
ORDER
This Bail application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita.
2. Petitioner is an accused in Crime No.558/2024
of Sakthikulangara Police Station, Kollam. The above case is registered against the petitioner alleging offence punishable under Section 55(a) of the Kerala Abkari Act.
3. The prosecution case is that, on 11.07.2024 at
about 10.a.m., 11 sealed plastic bottle containing 500 ml XXX rum was seized from the accused. It is also alleged by the prosecution that the seized Indian Made Foreign Liquor was for sale in Goa only. Later, the prosecution alleged that on 10.07.2024 the day before the seizure, one person was admitted in the Medical College Hospital, Thiruvananthapuram for consuming overdose of liquor and he died. Hence it is alleged that the accused committed the above said offences.
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
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