IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 Bail Appl..No. 7600 of 2008(D) -------------------------------------- CRIME NO.918/2008 OF KANNUR TOWN POLICE STATION .................... PETITIONERS/ACCUSED NOS.3 AND 4 : ------------------------------------------------ 1. T.P.NARAYANAN, S/O.NARAYANAN, MANAGING PARTNER, HOTEL SKY PALACE, METRO TOWER, THAVAKKARA ROAD, KANNUR. 2. REJI MATHEW, GENERAL MANAGER, HOTEL SKY PALACE, METRO TOWER, THAVAKKARA ROAD, KANNUR. BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KANNUR TOWN POLICE STATION, KANNUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7600 OF 2008 ------------------------------ Dated this the 2nd day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(a) of Abkari Act. According to prosecution, 2 persons were found consuming liquor in public place and a case was also registered against them under Section 15C of Abkari Act. Thereafter on their information, a search was conducted in a bar hotel and some liquor was seized from the premises of the bar and as per the allegations, those were intended to be kept in the bar room and not outside. Therefore the petitioners committed offence under Section 55(a), being the licensee and Manager of the bar. 3. Learned counsel for petitioners submitted that the petitioners have not committed any offence. The petitioners are entitled to sell liquor inside the bar room and also in the roof garden and the restaurant for which they are paying licence fee. The petitioners are implicated in the offence under Section 55(a) without any basis. It is also submitted that if at B.A.No.7600 of 2008 2 all the entire allegations are accepted, the allegations will amount only to an offence under Section 56(b) of the Abkari Act, which is a bailable offence. If the petitioners surrender before the court or they are arrested, it is likely that they will be remanded, considering the offence as one falling under Section 55(a) of Abkari Act. Therefore, anticipatory bail may be granted, it is submitted. 4. It is also pointed out that same arguments were advanced before learned Sessions Court and the court, as per the order while dismissing the anticipatory bail application it was held thus : “So as per the evidence collected by the investigating machinery as revealed from the case diary and also from the report appended with the case diary, the offence made out can only be one u/s.56(b) of Abkari Act which is a bailable one. So, the provisions of Sec.438 Cr.P.C. cannot be invoked.” 5. Now the only request made by the learned counsel for petitioners is, having found that the offence involved is only under Section 56(b), it may be made clear that further purpose of bail, the offence is to be treated as one under Section 56(b) B.A.No.7600 of 2008 3 of Abkari Act and some observations to that effect may be made. On hearing both sides and on going through the order of the learned Sessions Judge, having found that offence involved is only under Section 56(b) of Abkari Act, I find that some observations have to be made, failing which petitioners will be put to irreparable injury and loss. Hence it is made clear that for purpose of bail, the offence involved in this case will be treated as one falling under Section 56(b) of Abkari Act and that this observation is made only for the purpose of bail. Petitioners are directed to surrender before the Investigating Officer or the Magistrate court concerned within 7 days from today in which event, offence will be treated as one falling under Section 56(b) of Abkari Act for the purpose of bail. With this observation, the petition is disposed of. K.HEMA, JUDGE pac