Kerala High Court
Crl.MC/4226/2009 of MOHAMMED BAPPUTTY 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. 4226 of 2009 ------------------------- CC.378/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT - I, IDUKKI IN LP.3/2009 ....................
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. 4226 of 2009
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CC.378/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT - I, IDUKKI
IN LP.3/2009
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PETITIONER/1ST ACCUSED:
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MOHAMMED BAPPUTTY, S/O. MOIDUTTY,
NEERANI VEETTIL, CHERPULASSERY VILLAGE,
OTTAPPALAM.
BY ADV. SRI.NAGARAJ NARAYANAN
SRI.SAIJO HASSAN
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 first accused in CC No.378/2009 on the file of the Judicial First Class Magistrate Court, Idukki. The allegationagainst him is that he has committed offences punishable underSection 406 r/w Section 34 IPC.
2. It is alleged in the petition that he did know about the pending of the case and that the case is now transferred to LongPending Register as LP No.3/2009 and warrant is pending againsthim. He submits that he is ready to surrender before the TrialCourt and he apprehends that if he surrenders, he will beremanded to judicial custody.
3. Heard learned counsel for the petitioner and learned Public Prosecutor. In the circumstances of the case, I feel thatthe Lower Court can be directed to consider his Bail Applicationon the date of filing itself.
In the result, the petition is allowed. The petitioner is directed to surrender before the Trial Court on or before Crl.M.C. No.4226 of 2009
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15.01.2010. The learned Magistrate shall consider his BailApplication, if filed, on the date of surrender itself and passappropriate orders. In the meanwhile, warrant issued againsthim is kept in abeyance.
P.Q. BARKATH ALI, JUDGE
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