IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 Crl.MC.No. 2085 of 2011() ------------------------------- (CRIME NO.1137/2011OF PALARIVATTOM POLICE STATION, ERNAKULAM DISTRICT) .................... PETITIONER(S): ACCUSED NO.1 & 2. ------------------------------------------- 1. K.RAJAN, S/O.KRISHNAN CHIRAKKONATH KIZHAKKUMKARA PUTHENVEETTIL, KUTTICHAL BHAGOM, VELLANADU VILLAGE, NEDUMANGANGADU TALUK, THIRUVANANTHAPURAM DISTRICT. 2. MOHANAN NAIR, S/O.DAMODHARAN LAKSHMI NIVAS, MALAYINKEEZHU PO, THIRUVANANTHAPURAM. BY ADVS. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW SRI.SAJI SANKARAN NAIR RESPONDENT(S): -------------------- STATE OF KERALA REPRESENTED BY S.I.OF POLICE, PALARIVATTOM POLICE STATION ERNAKULAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.R. VENUGOPAL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC.NO.2085/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A:COPY OF THE FIR IN CRIME NO. 1137/2011 REGISTERED BY THE RESPONDENT WITH ENGLISH TRANSLATION. ANNEXURE B:COPY OF THE ORDER DATED 22/02/2011 IN CRL.MC. NO.372/2011 PASSED BY THIS HON'BLE COURT. ANNEXURE C:CERTIFIED COPY OF THE ORDER DATED 21/06/2011 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT - 1, ERNAKULAM. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2085 of 2011 - - - - - - - - - - - - - - - - Dated this the 12th day of July, 2011. O R D E R Heard the learned counsel for the petitioners and the learned Public Prosecutor. 2. I am not inclined to quash the FIR at this stage. The learned counsel for the petitioners states that the offence under Section 55(i) of the Kerala Abkari Act is not made out against the petitioners. The only allegation against the petitioners is that they were selling liquor beyond the stipulated time fixed in the licence. Without going into the merits of the case, I permit the petitioner to surrender before the learned Magistrate on or before 22.07.2011. If the petitioner surrenders and applies for bail, the learned Magistrate shall admit them to bail on such terms and conditions which he deems fit. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv