Kerala High Court
Crl.MC/4223/2009 of JAFFER SADDIQUE 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. 4223 of 2009 ------------------------- CC.289/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI IN CC NO.150/07 OF THRITHALA POLICE STATION.
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. 4223 of 2009
-------------------------
CC.289/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI
IN CC NO.150/07 OF THRITHALA POLICE STATION.
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PETITIONER/6TH ACCUSED:
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JAFFER SADDIQUE, S/O.ABDU,
THONIKKADAVATH HOSUE, KOODALLUR.
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:
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P.Q. BARKATH ALI, J.
- - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30[th] day of December, 2009
O R D E R
Petitioner is the 6[th] accused in Crime No.150/2007 of Thrithala Police Station. The case is pending as CC No.289/2007before the Judicial First Class Magistrate Court, Pattambi. Theallegation against him is that, he along with other accusedpersons committed offences punishable under Sections 143, 147,148, 294(b), 332, r/w Section 149 IPC and Section 3(1) of PDPPAct.
2. It is alleged in the petition that now warrant is pending against him and he apprehends that if he surrenders before theTrial Court, he will be remanded to judicial custody and thattherefore the learned Magistrate may be directed to release himon bail.
3. Heard learned counsel for the petitioner and learnedPublic Prosecutor. Taking into account the fact that the petitionerwas released on bail at the crime stage, I feel that this petitioncan be allowed.
Crl.M.C. No.4223 of 2009
-:2:-
In the result, the petition is allowed. The petitioner shall surrender before the Trial Court on or before 15.01.2010. Onsuch surrender the learned Magistrate shall release him on bailon executing a bond for Rs.25,000/-(Rupees twenty fivethousand only) with two solvent sureties for the like sum each tothe satisfaction of the Lower Court, and on condition that he shallappear before the Trial Court on all hearing dates, failing whichthe Magistrate is at liberty to cancel his bail.
P.Q. BARKATH ALI, JUDGE
ttb
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