High Court Kerala High Court

Brown vs State Of Kerala on 29 September, 2009

Kerala High Court
Brown vs State Of Kerala on 29 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5391 of 2009()


1. BROWN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.R.T.PRADEEP

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :29/09/2009

 O R D E R
                        K.T. SANKARAN, J.
                      ---------------------------
                      B.A. No. 5391 of 2009
                  ------------------------------------
            Dated this the 29th day of September, 2009

                             O R D E R

This is an application for anticipatory bail under Section 438

of the Code of Criminal Procedure. The petitioner is accused No.2

in Crime No.677/2009 of Varkala Police Station.

2. The offence alleged against the petitioner is under

Section 55(a)(i) of the Abkari Act.

3. The prosecution case is that on 20.08.2009, the police

party got information that Indian Made Foreign Liquor was being

sold in Blue Berries Restaurant. The police Party conducted a

search. Five bottles of beer were found kept for sale. The first

accused was arrested and he stated that the restaurant is being

run on partnership basis by the persons mentioned in the F.I.

Statement. The petitioner is one among them.

4. The learned counsel for the petitioner submitted that the

property where the restaurant is constructed, belongs to one

Fazeela. The land was taken on lease and a building was

constructed by Kunju Vareeth (third accused). Fazeela is an

influential person. She wanted to get back the property. She

B.A. No. 5391 of 2009 2

made threat to forcibly evict the lessee. A suit was filed by Kunju

Vareeth against Fazeela and temporary injunction was obtained

on 31.08.2009. According to the learned counsel for the

petitioner, the present case was foisted at the instance of

Fazeela. According to the petitioner, he is a member of the

trader’s organisation and he has no connection with the running

of business in the hotel. The petitioner is made an accused only

to wreak vengeance on him as he had intervened in the dispute

when Fazeela made the threat to unlawfully evict the lessee.

5. The learned Public Prosecutor brought to my notice a

menu card seized by the police from the restaurant. The menu

card would indicate that several items of Indian made foreign

liquor are being regularly sold in the restaurant. Prima facie, I

am of the view that there are sufficient materials to indicate that

the petitioner is involved in the offence. No conclusive finding on

this aspect is desirable, while disposing an application for

Anticipatory Bail.

B.A. No. 5391 of 2009 3

6. Taking into account the facts and circumstances of the

case, I do not think that the petitioner is entitled to the

discretionary relief under Section 438 of the Code of Criminal

Procedure. If anticipatory bail is granted to the petitioner, it

would seriously affect the proper investigation of the case.

The Bail Application is accordingly dismissed.

K.T. SANKARAN, JUDGE

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