IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Crl.MC.No. 214 of 2009() ----------------------------------- CRIME NO.292/2008 OF KILIKOLLOOR POLICE STATION. CP. NO.177/1999 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT I, KOLLAM. .............. PETITIONER(S): 2ND ACCUSED -------------------------- M.SIVADASAN,PALAMOOTTIL HOUSE, SAKTHIKULANGARA, KOLLAM. BY ADV. DR.K.P.SATHEESAN RESPONDENT(S): STATE & COMPLAINANT --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE STATION, KOLLAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/01/2009, ALONG WITH CRMC NO.215 OF 2009 AND CONNECTED CASES THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. Nos. 214, 215, 216, 217, 218 & 220 of 2009 ------------------------------------------------- Dated this the 23rd day of January, 2009 ORDER The common petitioner in these six Crl.M.Cs. faces indictment along with the co-accused in a prosecution under the provisions of the Kerala Abkari Act. It is alleged that the toddy containing alcohol in excess of the prescribed limits was found available in the premises of a licensed toddy shop. The petitioner allegedly is one of the co-licensees. The learned counsel for the petitioner prays that in the light of the decision in Unni v. State of Kerala (2007 (1) KLT 151 SC)), the prosecution may be quashed. It is brought to my notice that a similar prayer of one of the co-accused has already been allowed by orders of this Court. 2. The learned Public Prosecutor accepts the said submission and submits that the State has no objection against Crl.M.C. Nos. 214, 215, 216, 217, 218 & 220 of 2009 -: 2 :- the quashing of the prosecution in so far as it relates to the petitioner herein also. 3. I am satisfied that the said prayer can be allowed. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to the facts in any greater detail in this order. 4. In the result: (a) These Crl.M.Cs. are allowed. (b) Following prosecutions pending before the courts shown below against the petitioner are hereby quashed: (1) C.P.No.177/99 pending before the learned JFCM-I, Kollam. (2) C.P.No.99/06 pending before the learned JFCM-I, Kollam. (3) C.P.No.182/07 pending before the learned JFCM-I, Kollam. (4) C.P.No.98/06 pending before the learned JFCM-I, Kollam. (5) C.C.No.607/08 pending before the learned JFCM-I, Kollam. (6) C.P.No.118/99 pending before the learned JFCM-I, Kollam. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. Nos. 214, 215, 216, 217, 218 & 220 of 2009 -: 3 :-