IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Crl.MC.No. 2653 of 2011() -------------------------------------- (CR.NO.96/2007 OF EXCISE RANGE OFFICE, CHERTHALA, ALAPPUZHA DISTRICT) ......... PETITIONER(S): ACCUSED NO.4 & 7: -------------------------------------------------------- 1. THOMAS JOSEPH,AGED 60 YEARS, S/O.JOSEPH(LATE),ALANCHERIL HOUSE,VEZHAPRA PO, RAMANKARI,KUTTANADU,ALAPPUZHA DISTRICT. 2. JOBYCHAN SCARIA,S/O.SCARIA, CHETTUTHADATHIL HOUSE,SANTHIPURAM KARA, KARUKACHAL,CHANGANACHERRY,KOTTAYAM DISTRICT. BY SRI.C.C.THOMAS, SENIOR ADVOCATE, BY ADV. SRI. NIREESH MATHEW. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. THE EXCISE INSPECTOR,EXCISE RANGE, CHERTHALA,ALAPPUZHA DISTRICT 658 524. 2. THE EXCISE COMMISSIONER,COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM 695 001. 3. THE DEPUTY COMMISSIONER OF EXCISE, KOTTAYAM 686 001. (ALL REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). R1 TO R3 BY PUBLIC PROSECUTOR SRI. JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.2653/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A: COPY OF THE LETTER DTD. 6/06/2011 ISSUED BY DY. EXCISE COMMISSIONER OF EXCISE, ALAPPUZHA TO THE DEPUTY COMMISSIONER OF EXCISE, KOTTAYAM. ANNEX.B: COPY OF THE CRIME AND OCCURRENCE REPORT IN CR.NO.96/2007 REGISTERED BY THE RESPONDENT. ANNEX.B(1): ENGLISH TRANSLATION OF ANNEXURE B. ANNEX.C: COPY OF THE NOTICE DTD. 16/08/09 ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER. ANNEX.D: COPY OF THE REPLY DTD. 4/2/2010 SUBMITTED BEFORE THE RESPONDENT BY THE 1ST PETITIONER. ANNEX.E: COPY OF THE REPLY DTD. 4/2/2010 SUBMITTED BEFORE THE RESPONDENT BY THE 2ND PETITIONER. ANNEX.F: COPY OF THE TODDY TRANSPORT PERMIT NO.P5-5130/07 DTD. 26/09/2007 ISSUED BY THE ASST.EXCISE COMMISSIONER, PALAKKAD. ANNEX.G: COPY OF THE APPLICATION DTD. 20/09/2007 SUBMITTED BEFORE THE DEPUTY COMMISSIONER OF EXCISE, PALAKKAD. ANNEX.H: COPY OF THE APPLICATION DTD. 29/03/2007 SUBMITTED BEFORE THE DEPUTY COMMISSIONER OF EXCISE, PALAKKAD. ANNEX.I: COPY OF THE FIR IN CRIME NO.1085/11 REGISTERED BY THE CHANGANACHERRY POLICE STATION. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2653 of 2011 - - - - - - - - - - - - - - - - Dated this the 16th day of August, 2011. O R D E R Heard the learned counsel for the petitioners and the learned Public Prosecutor. 2. The petitioners are accused Nos. 4 and 7 in CR No. 96 of 2007 of Excise Range, Cherthala for offences punishable under Sections 55(a) and 57A of the Abkari Act. I am not inclined to quash the FIR. The learned counsel for the petitioners states that prmia facie, no case is against the petitioners as they are no more connected with the case and they will file an application before the appropriate authority highlighting their grievances. If such an application is made, the appropriate authority shall consider the same and pass reasoned orders thereon. It is stated that the petitioners are ready and willing to surrender before the concerned learned Magistrate. If the petitioners surrender before the learned Magistrate on or before 07.09.2011 in connection with CR No. 96 of 2007 and apply for bail, they shall be released on bail on such terms and conditions the learned Magistrate deems fit. This Crl.M.C. is disposed of as above. B.P. RAY, JUDGE. rv