Kerala High Court
Crl.MC/4237/2009 of NAJEEM 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. 4237 of 2009() ------------------------- LP.101/2009 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVOOR .................... PETITIONER/ACCUSED:
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. 4237 of 2009()
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LP.101/2009 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVOOR
....................
PETITIONER/ACCUSED:
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NAJEEM
S/O. ABDULKHADERKUNJU,BAIJU MANZIL,EZHIPPURAM CHERRI,PARIPPALLY VILLAGE,KOLLAM.
BY ADV. SRI.SHABU SREEDHARAN
SRI.N.A.JOHN JACOB
SRI.P.SANJAY SHENOI
RESPONDENT/COMPLAINAT:
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1.STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE,PARIPPALLY THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.
2.ZEENATH, D/O. AISHA BEEVI,SABIN MANZIL,HOUSE NO.159,ULIAKKOVIL NAGAR, KOLLAM.
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 accused in LP No.101/09 on the file of JFCM Court, Paravoor. The allegation against the petitioner isthat he has committed offences punishable under Sections 3 and12 of the Indian Passport Act. He has filed Crl.M.C.404/09seeking to quash the charge sheet against him, which wasdismissed by this Court by order dated January 30, 2009.
2. Now the petitioner wants to surrender before the Trial Court and he apprehends that if he surrenders, he will beremanded to judicial custody. Warrant is also pending againsthim. Therefore he prays that the lower court may be directed torelease him on bail, if he surrenders.
3. Heard learned counsel for the petitioner and the learned Public Prosecutor. In the circumstances of the case I feel thatthe lower court can be directed to consider petitioner's bailapplication on the date of surrender itself.
In the result, the petition is allowed. The petitioner is Crl.M.C. No. 4237 of 2009
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directed to surrender before the Trial Court within one monthfrom today and as on such surrender, if he files bail application, itshall be disposed of by the Trial Court on the date of surrenderitself. Petitioner is also at liberty to apply before the Trial courtfor discharge.
P.Q. BARKATH ALI, JUDGE
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