IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.MC.No. 4814 of 2008() ------------------------------------ ST. NO.2797/97 OF THE JUDL. FIRST CLASS MAGISTRATE COURT, PARAVOOR. CR. NO.101/96 OF THE EXCISE INSPECTOR, CHATHANNUR, KOLLAM DIST. ........ PETITIONER(S): ACCUSED: ----------------------- SAJU EAPEN, AGED 31 YEARS, S/O.C.E.EAPEN, CHERIYIL HOUSE, ARPOOKKARA P.O., KOTTAYAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT: --------------------------- 1. THE ASST.EXCISE COMMISSIONER, KOLLAM. 2. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, CHATHANNUR, KOLLAM DISTRICT (BOTH REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2008, ALONG WITH CRMC NO.4815 OF 2008 AND CRMC NO.4827 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. Nos.4814, 4815 and 4827 of 2008 ------------------------------------- Dated this the 19th day of December, 2008 ORDER The short grievance of the common petitioner in these Crl.M.Cs is that though the offence alleged against him is compoundable and he had applied for composition, no action is being taken by the respondent to ensure such composition. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor after taking instructions submits that the petitioner can approach the 1st respondent and the needful shall be done forthwith. 3. Accepting that submission of the learned Public Prosecutor, these petitions are allowed and it is directed that the application of the petitioner for composition of the 3 cases must be considered by the 1st respondent in accordance with law and expeditiously - at any rate, within a period of one month from the date on which a copy of this order is produced before the 1st respondent. Coercive processes issued against the petitioner in the pending cases shall not be executed till 27.01.08. (R.BASANT, JUDGE) rtr/- 2 R.BASANT, J ------------------------------------ Crl.M.C. Nos.4814, 4815 and 4827 of 2008 3 ------------------------------------- Dated this the 12th day of December, 2008 ORDER The short prayer made on behalf of the petitioner is that the offence being a compoundable at the relevant time the offence was committed, the petitioner may be permitted to seek composition. 2. Notice given. The learned Public Prosecutor shall take instructions. 3. Call on 19.12.2008. (R.BASANT, JUDGE) rtr/-