IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 Crl.MC.No. 3306 of 2010() ------------------------- LP.94/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER(S)/6TH ACCUSED: -------------------------- MARGARET FRANCO, W/O.FRANCO, MARIYALAYAM HOUSE, SAKTHIKULANGARA, KOLLAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S)/STATE & COMPLAINANT: ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM- 691 501. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- CRL.M.C.NO.3306 OF 2010 ----------------------------------- Dated this the 12th day of August, 2010 O R D E R Petitioner is the 6th accused in Crime No.273 of 1998 of Kundara Police Station, Kollam Excise Range registered for the offences punishable under Section 55 (i) of the Kerala Abkari Act. After filing of the report, in the committal proceeding petitioner remained at large, and therefore, the case against her was split up, which now is pending as L.P.No.94 of 2008 before the Judicial First Class Magistrate Court, Kollam. Petitioner has moved the above petition setting out various grounds to quash the above crime case invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure. 2. At the time of hearing, learned counsel for the petitioner confined his submissions to seek orders/directions to the court below to consider the bail application of the petitioner, on her surrender before that court on the same day itself. CRL.M.C.3306/10 2 3. Having regard to the facts and circumstances presented and also the submissions made, there will be a direction to the court below to consider the petitioner's application for bail, if any, moved by the petitioner on her surrender, preferably on the date of surrender itself, subject to the regular work of that court and following the mandate under Section 41A of the Abkari Act, if applicable. Subject to the above, the Crl.M.C. is disposed of. S.S.SATHEESACHANDRAN JUDGE prp CRL.M.C.3306/10 3