Kerala High Court

Crl.MC/4232/2009 of AKHI MANOHAR Vs STATE OF KERALA on 30 December 2009

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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. 4232 of 2009() ------------------------- CC.129/2008 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONER: ---------------

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. 4232 of 2009()

-------------------------

CC.129/2008 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM

....................

PETITIONER:

---------------

AKHI I MANOHAR, AGED 19 YEARS,

SON OF MANOHARAN, RESIDING AT

THYPLAVILA MELATHIL, MARANADU P.O.,

EZHUKONE, KOTTARAKKARA TALUK, KOLLAM DISTRICT.

BY ADV. SRI.JOHNSON GOMEZ

RESPONDENT:

---------------

STATE OF KERALA, REP. BY THE PUBLIC

PROSECUTOR, HIGH COURT OF KERALA,

THROUGH THE SUB INSPECTOR OF POLICE,

KOLLAM EAST POLICE STATION.

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.------------------------- Crl.M.C No.4232 of 2009-------------------------- Dated this the 30th December,2009

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O R D E R

Petitioner is the 1st accused in C.C No.129/2008 ofthe Chief Judicial Magistrate Court, Kollam. He wascharge sheeted by the Sub Inspector of Police allegingcommission of offences punishable under Section 323 r/w.Section 34 of Indian Penal Code.

2. It is alleged in the petition that the petitioner isunaware of the case pending against him, that now hecame to know that a non-bailable warrant is pendingagainst him and proceedings under Sections 82 and 83 ofthe Code of Criminal Procedure are initiated against him,that petitioner is now ready to surrender before theMagistrate, that petitioner apprehends that if hesurrenders, he will be remanded to judicial custody. Heprays that the Magistrate may be directed to consider hisbail application on the date of surrender itself.

3. Heard learned counsel for the petitioner andlearned Public Prosecutor.

Crl.M.C No.4232 of 2009

4. I feel that in the interest of justice, petitionshould be allowed.

In the result, the petition is allowed. Petitioner shall surrender before the trial court on or before 15.1.2010. Onsuch surrender and if he files a bail application , the trialcourt shall dispose of the bail application on the date ofsurrender itself.

P.Q BARKATH ALI, JUDGE

ma

Crl.M.C No.4232 of 2009

Crl.M.C No.4232 of 2009

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