VINITHA Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Sec.438 of the Cr.P.C.

(2.) The applicant herein is a lady and she has approached this Court apprehending arrest and detention in Crime No.37 of 2018 registered at the Excise Range Office, Thiruvananthapuram, wherein she has been arrayed as the 2nd accused. The aforesaid crime was initially registered under Section 55H of the Abkari Act 1 of 1077. The 1st accused is the husband of the applicant.

(3.) According to the prosecution, a facebook group was set up by the accused Nos.1 and 2 called GNPC (Glassile Nurayum Platile Curryyum) loosely translated as Fizz in the Glass and Curry in the Plate. Due to its unique positioning and as it extolled the virtues of Travel, Food and Drinks, netizens flocked to the group in large numbers. Within a short period, more than a million members joined the group and they started posting pictures of their exploits. To be exact, there are more than 18 lakh members, 36 moderators and 2 administrators. Several smaller groups also adopted the same name and set up their own pages. On the allegation that their acts would violate Section 55H of the Abkari Act, which prohibits advertisement or soliciting of or offering of any liquor or intoxicating drinks, the 1st accused was summoned and his statement was recorded. Immediately thereafter, the instant crime was registered.