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.
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B.A. No. 5391 of 2009
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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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