IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Bail Appl..No. 6780 of 2009() -------------------------------------- CRIME NO.901/2009 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/ACCUSED: -------------------------------------- AJITH KUMAR R.S., AGED 42, S/O.SELVANOSE, "SREE NILAYAM", VELLANADU, VELIYANNOOR POST, THIRUVANANTHAPURAM. BY ADV. SRI.RAJIT SRI.P.ANOOP (MULAVANA) RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.6780 of 2009 ------------------------------------ Dated this the 19th day of November, 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.1 in Crime No.901/2009 of Varkala Police Station, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 55(a)(i) of the Abkari Act. 3. On 7/11/2009 at 9.30 P.M., the police party conducted a search in the restaurant run by the petitioner under the name and style 'Luckies Rose Garden Restaurant' near the helepad at Varkala. It was found that Indian Made Foreign Liquor was being served to the customers in the restaurant by accused Nos. 1 to 3. Accused Nos.2 and 3 were arrested on the spot, while accused No.1 ran away. Accused No.1 has filed this application for anticipatory bail apprehending arrest. 4. In a case of this nature, I do not think that anticipatory bail can be granted to the petitioner. Considering B.A. No.6780 /2009 2 the nature and gravity of the offence, the punishment provided for the offence and the fact that the petitioner has not taken any licence for conducting the Bar Hotel, I am of the view that this is not a fit case where the discretionary relief can be exercised in favour of the petitioner under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm