Kerala High Court
Crl.MC/4242/2009 of BABY 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. 4242 of 2009() ------------------------- O.R. No.3/2006 OF CHARPA FOREST RANGE ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY
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. 4242 of 2009()
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O.R. No.3/2006 OF CHARPA FOREST RANGE ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY
PETITIONER/ACCUSED NO.4:
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BABY, AGED 31 YEARS,S/O. RAPHAEL, PAELIKKUDY HOUSE,MALAYATTOOR VILLAGE,CHAKKUKETIL DESOM, ALUVA TALUK.
BY ADV. SRI.MARTIN CHACKO
RESPONDENT/COMPLAINANT:
--------------------------------------------- STATE OF KERALA REPRESENTED BYTHE 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
O R D E R
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Petitioner is the 4[th] accused in OR No.3/2006 of Charpa Forest Range on the file of JFCM, Chalakkudy. The case ofprosecution is that he has committed offences punishable underthe Forest Act. The allegation against him is that he along withother accused persons committed offences punishable underSection 27(1)(2)(IV) of the Kerala Forest Act and under Section9 of the Wild Life Protection Act.
2. Petitioner apprehends that, if he surrenders before the Trial Court, he will be remanded to judicial custody. Therefore,he prays that the Magistrate may be directed to consider his bailapplication on the date of surrender itself.
3. Heard learned counsel for the petitioner and the learnedPublic Prosecutor. In the interest of justice I feel that the petitioncan be allowed.
In the result, the petition is allowed. The petitioner isdirected to surrender before the Trial Court on or before Crl.M.C. No.4242 of 2009
-:2:-
15.01.2010. On such surrender, if he files bail application, theMagistrate shall consider and dispose of the same on the date ofsurrender itself.
P.Q. BARKATH ALI, JUDGE
ttb
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