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.
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,
Subject to the above, the Crl.M.C. is disposed of.
S.S.SATHEESACHANDRAN JUDGE prp CRL.M.C.3306/10 3