ABRAHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) SINCE the contentions raised in all these Crl. M. C. s. are identical, they are heard and disposed of by this common order, though the petitioners in these M. Cs. are different. In all these cases the petitioners who are the accused are standing trial for the offences punishable under Ss. 7 and 8 of the Kerala Gaming Act.

(2.) CRL. M. C. 1149/2000 is filed by the accused in S. T. No. 202/2000 on the file of the Judicial First Class Magistrate's Court, Ettumanoor to quash the entire proceedings against them. The allegation made against the petitioners is that on 3. 1. 2000 petitioners 1 to 11 were found engaged in gaming at the Jyothis Arts and Sports Club situated in building No. 118, Ward no. 9 of Kidangoor Panchayat owned by the 12th petitioner-nth accused and the playing cards and amount found were seized and the accused were arrested.

(3.) CRL. M. C. 6335/99 is filed by accused 1,2 and 4 to 11 in S. T. No. 56/99 on the file of the Judicial First Class Magistrate's Court, kattappana challenging the order in C. M. P. No. 3009/99 dated 20. 7. 99 dismissing the petition filed by the petitioners seeking discharge. The allegation made against the petitioners and the 2nd respondent herein is that they were engaged in gaming at about 9. 15 p. m. on 11. 11. 98 in the Yuvaresmi Arts and Sports Club situated at 10th mile area in Ward No. Ill of Kalvarimount kara in Thankamani village. The learned Magistrate rejected the contention of the petitioners that they were only playing cards and not gambling and no prima facie case punishable under Ss. 7 and 8 of the Gaming Act is made out against them.