IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 CRL.MC.NO. 2923 OF 2010() ------------------------- [CP.14/2007 OF JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM} .................... PETITIONER(S): --------------- MARGARET FRANCO, W/O.FRANCO, MAIYALAYAM HOUSE,SAKTHIKULANGRA, 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): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI-31. 2. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE,KOLLAM-691581. BY PUBLIC PROSECUTOR SMT.SMITHA SUKUMARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN ------------------------------------------------- Crl.M.C.No.2923 of 2010 ------------------------------------------------- Dated this the 26th day of July, 2010 O R D E R The petitioner is the 4th accused in Crime No.33/98 of Kollam Excixse Range, which is pending trial on the file of the Judicial Magistrate of the First Class-I, Kollam. The above crime case is now in the committal proceeding, numbered as C.P.No.14/07, after filing of the charge sheet by the investigating agency. The petitioner/4th accused, a lady, remained at large during the investigation of the crime. This petition has been filed setting out various grounds to quash the entire 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 Crl.M.C.No.2923 of 2010 :: 2 :: petitioner, on her surrender before that court on the same day itself. 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 work and following the mandate under Section 41A of the Abkari Act, if applicable. Subject to the above, the Crl.M.C. is disposed of. Hand over a copy of this order to the counsel for the petitioner. Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/- //true copy// P.S. To Judge.