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Margaret Franco vs State Of Kerala on 12 August, 2010

Kerala High Court
Margaret Franco vs State Of Kerala on 12 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3306 of 2010()


1. MARGARET FRANCO, W/O.FRANCO,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :DR.K.P.SATHEESAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :12/08/2010

 O R D E R
                 S.S.SATHEESACHANDRAN, J.
                     -------------------------------
                  CRL.M.C.NO.3306 OF 2010
                   -----------------------------------
            Dated this the 12th day of August, 2010

                             O R D E R

Petitioner is the 6th accused in Crime No.273 of 1998 of

Kundara Police Station, Kollam Excise Range registered for the

offences punishable under Section 55 (i) of the Kerala Abkari

Act. After filing of the report, in the committal proceeding

petitioner remained at large, and therefore, the case against her

was split up, which now is pending as L.P.No.94 of 2008 before

the Judicial First Class Magistrate Court, Kollam. Petitioner has

moved the above petition setting out various grounds to quash

the above 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 petitioner, on her

surrender before that court on the same day itself.

CRL.M.C.3306/10 2

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 court

and following the mandate under Section 41A of the Abkari Act,

if applicable.

Subject to the above, the Crl.M.C. is disposed of.





                                 S.S.SATHEESACHANDRAN
                                            JUDGE


prp

CRL.M.C.3306/10    3

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