IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Bail Appl..No. 337 of 2009() ---------------------------------- CRIME NO.783/2008 OF VARKALA POLICE STATION PETITIONERS/ACCUSED 1 & 2 : -------------------------------------- 1. FRANKLIN GEORGE, S/O.GEORGE LOPEZ, AGED 40 YEARS, CHEMBAVIL VEEDU, THONIKADAVU, KADAKKAVUR, THIRUVANANTHAPURAM. 2. FREDY RICHANS, S/O.RICHANS, AGED 35, FEMINA NIVAS, KOCHUKINATTINMOODU, MAMPALLY, KAIKKARA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.337 OF 2009 -------------------------------- Dated this the 29th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Section 55(a) and (i) of Abkari Act. According to prosecution, on 27.12.2008 at about 9.30 p.m. Sub Inspector of police got information that sale of liquor is being conducted in a hotel by name 'Punki Art Cafe' and on reaching there, accused nos.1 and 2 were found having stored 48.1 litres of beer in the hotel. The accused ran away and the article was seized. 3. Learned counsel for petitioners submitted that a person is entitled to keep 7.8 litres of beer and there are 30 employees in the hotel and they have kept the beer for their own purpose and not for sale. They wanted to celebrate New Year and Christmas and petitioners have not committed any offence. The mere possession of beer will not constitute offence under Section 55(a) or (i). The possession may constitute offence under Section 63 of Abkari Act, which is a bailable offence. Therefore, anticipatory bail may be granted, B.A.No.337 of 2009 2 it is submitted. It is also submitted that article were seized from the kitchen and not exhibited for sale. 4. This petition is opposed. Learned Public Prosecutor submitted that Sub Inspector of Police reached the place of occurrence on getting information that sale was being conducted and 48.1 litres of beer were seized from the place and the accused ran away. There is no explanation for possession of such a large quantity of beer. A person can keep in possession only 7.8 litres of beer to the maximum. The investigation is being carried on and it is not a fit case to grant anticipatory bail, it is submitted. On hearing both sides, considering the nature of allegations made, it is not possible for this court to conclude at this stage that the article seized were in mere possession of the accused and that those were not meant for sale. Considering the nature of allegations, it is not a fit case to grant anticipatory bail. Petitioners shall surrender before the Investigating Officer or before the Magistrate court concerned without any B.A.No.337 of 2009 3 delay and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE pac