Kerala High Court
Crl.MC/4225/2009 of SUNIL MENDEZ Vs STATE OF KERALA on 30 December 2009
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931 Crl.MC.No. 4225 of 2009 ------------------------- SC.1189/2007 of ADDITIONAL SESSIONS COURT, ADHOC-III, KOLLAM IN CRIME NO.86/03 OF PALLITHOTTAM POLICE
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI
WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931
Crl.MC.No. 4225 of 2009
-------------------------
SC.1189/2007 of ADDITIONAL SESSIONS COURT, ADHOC-III, KOLLAM IN
CRIME NO.86/03 OF PALLITHOTTAM POLICE STATION.
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PETITIONER/7TH ACCUSED:
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SUNIL MENDEZ, S/O. VALLADAN ANTONY,
AGED 35 YEARS, FISHERMEN COLONY, VAYALIL PURAYIDAM
KOLLAM WEST VILLAGE.
BY ADV. SRI.R.SATISH KUMAR
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR, SRI. C.M. KAMAPPU.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 30/12/2009, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
P.Q. BARKATH ALI, J.
- - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30[th] day of December, 2009
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O R D E R
Petitioner is the 7[th] accused in Crime No.86/2003 ofPallithottam Police Station in Kollam District. The case is nowpending as SC No.1189/07 before the Additional Sessions CourtAdhoc-III, Kollam. The allegation against the accused persons inthat case is that they committed offences punishable underSections 143, 147, 148, 149, 332, 333, r/w Section 308 IPCalleging that on 25.12.03 at 9 p.m., they attacked the policepersonnel. Now the case is committed to Sessions Court and ispending there.
2. It is alleged in the petition that warrant is pendingagainst him and that if surrendered before the Sessions Court, heapprehends that he may be remanded to judicial custody andthat therefore the Sessions Court may be directed to consider hisbail application on the date of surrender itself.
3. Heard learned counsel for the petitioner and the learned Public Prosecutor. I feel that in the interest of justice the petition -:2:- can be allowed.
In the result, the petition is allowed. The petitioner shallsurrender before the Sessions Court on or before 15.01.2010. Ifthe petitioner moves the Bail Application, the learned SessionsJudge shall consider his Bail Application, on the date of surrenderitself and pass appropriate orders.
P.Q. BARKATH ALI, JUDGE
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