IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 8TH MARCH 2007 / 17TH PHALGUNA 1928 Bail Appl..No. 1397 of 2007 ----------------------------- CRIME NO. 629/2006 OF VARKALA POLICE STATION PETITIONER/ACCUSED ----------------------------------- SULFIKER.B., S/O.BASHEER, THEKKEVILA HOUSE, MAITHANAM, VARKALA. BY ADV. SRI.K.P.JAYACHANDRAN SRI.DILIP MOHAN SMT.GEETHA G.NAIR RESPONDENTS: STATE ------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL. 3. THE CIRCLE INSPECTOR OF POLICE, VARKALA. 4. CIRCLE INSPECTOR OF POLICE, KADAKKAVOOR. BY PUBLIC PROSECUTOR JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------- Bail Application No. 1397/2007 ----------------------------- Dated this 8th day of March, 2007 O R D E R The petitioner seeks anticipatory bail on the allegation that Attingal, Varkala and Kadakkavur police are at his heels with regard to the seizure of 90 bottles of beer from the compound behind the petitioner's restaurant called “Dolphin Boy”. 2. The learned Public Prosecutor on instructions submitted that the petitioner is an accused in Crime No.629/2006 of Varkala Police Station for an offence punishable under Section 55(a) of the Abkari Act for allegedly keeping in possession of 90 bottles of beer and that the petitioner is a suspect in respect of Crime No.145/2007 of the very same police station for an offence punishable under Section 55(a) of the Abkari Act for allegedly having been found in possession of 79 bottles of beer, three litres of rum, 1.5 litres of vodka etc, on 26.2.2007. 3. Anticipatory bail cannot be granted in a case of this B.A.1397/2007 2 nature. If the petitioner is arrayed as an accused in Crime No.145/2007 referred to above, he can very well surrender before the Magistrate and seek regular bail from the Magistrate concerned. The application is accordingly dismissed. V.RAMKUMAR, JUDGE mrcs