IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 Bail Appl..No. 6242 of 2009() ----------------------------- CRMP.2792/2009 of D.C. & SESSIONS COURT,KOLLAM .................... (CRIME NO.560/2009 OF PARAVOOR POLICE STATION) PETITIONER ------------------------------ V.SHAJI, AGED 47, S/O.VISWAMBHARAN, `KAVERI', PUTHENKULAM P.O., BHOOTHAKKULAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PARAVOOR, THROUGH THE PUBLIC PROSECUTOR, KOLLAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No. 6242 OF 2009 -------------------------------- Dated this the 16th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 55(a) and (i) of Abkari Act. According to prosecution, on 02/10/2009, at about 7:30 p.m, Sub Inspector of Police and party conducted a raid in a restaurant and found second and third accused who are the Manager and salesman of the restaurant engaged in sale of Indian Made Foreign Liquor. 7.5 litres of Indian Made Foreign Liquor were seized. Second and third accused were arrested. Petitioner is the owner of the restaurant with whose permission and connivance the sale was going on. 3. According to the petitioner, he was not present at the scene. He is implicated only as the owner of the restaurant. Petitioner's case is that certain persons had come to the restaurant and they were consuming liquor from the restaurant. But those are not supplied by petitioner or the other accused. 4. This petition is opposed. Learned Public Prosecutor submitted that the article seized were not from the customers who were at the restaurant. Those were kept in the restaurant for the purpose of sale. Petitioner is the owner of the restaurant and B.A No. 6242 OF 2010 2 he has no explanation for the possession of contraband articles seized from restaurant. The articles were seen on the counter and those were being supplied in the restaurant by second and third accused. 5. On hearing both sides, considering the serious nature of the allegations made, I am not satisfied that this is a fit case to grant anticipatory bail. No exceptional circumstances are pointed out to grant anticipatory bail. Petition is dismissed. K.HEMA JUDGE vdv