IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Crl.MC.No. 1629 of 2010() ------------------------- ST.2516/2006 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR .................... PETITIONER(S): --------------- 1. BABY,S/O.JOSEPH, AGED 62 YEARS RESIDING AT OLATTUKUDI HOUSE VADUKKUMBHAGOMKARA, MANJAPRA VILLAGE, ERNAKULAM DISTRICT. 2. THOMAS,S/O.OUSEPH, AGED 61 YEARS THOTTAKKARA HOUSE, VADUKKUMBHAGOM, DO..DO... 3. OUSEPH, S/O.VAREETH, AGED 67 YEARS PALATTY HOUSE, CHETTUNKAL, DO..DO.. 4. MATHEW, S/O.JACOB, MURINGAPPALLY HOUSE CHANDRAPPURA BHAGOM, DO..DO.. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR MR.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 1629 of 2010 -------------------------------------- Dated this the 2nd day of July, 2010 ORDER Petitioners, who are the accused in Crime No.659/2005 of Kalady Police Station and now pending before the J.F.C.M Court, Perumbavoor as S.T.No.2516/2006, for offences punishable under Sections 7 and 8 of the Kerala Gaming Act, seek to quash the proceedings including Annexure A FIR and Annexure B charge sheet. 2. The learned Magistrate has already taken the plea of the accused after reading over the particulars of the offences and the case has been posted for trial from 6.7.2010 onwards. Under these circumstances the only course open to the petitioners is to stand trial. In case the petitioners file an application for personal exemption incorporating appropriate averments and also in case a question of their identity does not arise for consideration during the trial, the learned Magistrate shall pass favourable order on the said application. Reserving the said right of the petitioners, this Criminal M.C is dismissed. V.RAMKUMAR, JUDGE dmb