Kerala HC says possibility of crime no ground to restrict bar hours

The Kerala High Court on Tuesday, 10 November, held that police cannot restrict operating hours at properly licensed bar hotels merely on the possibility of criminal activities. Justice Murali Purushothaman set aside notices that had barred the Radisson Blu hotel in Kochi and its DJ programmes after 11 p.m., ruling that such restrictions require rules framed by the state government. The hotel, an FL3-licensed five-star establishment, had paid additional fees for extended hours under the Foreign Liquor Amendment Rules until 3 a.m. for FY27.

The state police had argued that late-night operations could disrupt public order and facilitate drug use. The court responded that if illegal activity occurs, police must take action against those specific acts, not impose a blanket curfew on licensed venues. A detailed order is awaited. Until the government frames exception rules under the Kerala Police Act, the court held, police cannot override the extended hours already granted to FL3 hotels.

Update, 10 November 2026: Barandbench reported the court’s observation that if police believe drug use occurs at DJ parties, they must act against specific offences rather than impose a blanket curfew. The outlet also provided the case citation (Mahadevan v State of Kerala & ors). LiveLaw confirmed the court’s ruling applies until the government frames new rules, adding that the hotel paid Rs 5 lakh for extended-hours permission. All three outlets confirm the same ratio: police cannot restrict hours without state regulations.