IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 Crl.MC.No. 405 of 2011(E) ----------------------------------- (C.R NO.28/10 OF IRINJALAKUDA EXCISE RANGE) ................................. PETITIONER: --------------------- P.L.JACOB, PADINJAKARA HOUSE, KUTTIKADU P.O., CHALAKUDY, THRISSUR. BY ADV. SRI.T.RAJESH RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THOMAS, S/O.XAVIER KACHAPALLY, TAZHUKKARA, MUKUNDAPURAM. R1 BY PUBLIC PROSECUTOR SHRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No. 405 of 2011 --------------------------------------- Dated this 1st day of March, 2011 ORDER Counsel for the petitioner submits that after Sec.55(a) of Abkari Act was incorporated in the crime and occurrence report, the 2nd respondent has obtained bail and hence petitioner intends to move appropriate court for cancellation of bail. Learned counsel seeks permission to withdraw this petition without prejudice to that right of petitioner. I have heard the learned Public Prosecutor also. 2. Having regard to the circumstances stated, I am inclined to grant permission. Accordingly this Crl.M.C is dismissed as withdrawn without prejudice to the right, if any of the petitioner to move appropriate court for appropriate reliefs as the petitioner claims. Sd/- (THOMAS P JOSEPH, JUDGE) //TRUE COPY// P.A. TO JUDGE KRK