Kerala High Court

Crl.MC/4208/2009 of PRASAD 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. 4208 of 2009 ------------------------- CC.1484/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY IN CRIME NO.187/01 OF CHAVARA 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. 4208 of 2009

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

CC.1484/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY

IN CRIME NO.187/01 OF CHAVARA POLICE STATION

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

PETITIONER/ACCUSED:

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

PRASAD, S/O.ARAVINDAKSHAN,

EDASSERYTHARA VEEDU, CHERUSSERY BHAGAM MURI, CHAVARA VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT.

BY ADV. SRI.P.V.DILEEP

RESPONDENT/COMPLAINANT:

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

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 accused in Crime No.187/2001 of Chavara Police Station now pending before the Judicial First ClassMagistrate Court, Karunagappally as LP No.94/2008.

2. Originally there were five accused persons. The allegation against them was that they have committed offencespublishable under Sections 143, 147, 148, 324, r/w 149 IPC andunder Section 3(2)(a) of PDPP Act. Initially the case wasnumbered as CC No.1211/2001. The present petitioner is thethird accused in that case. As he absconded, the case againsthim was split up and refiled as CC No.1484/04 and the case wastransferred to the Long Pending Register.

3. In this petition the petitioner averred that he is prepared to surrender before the Trial Court. He apprehends that if hesurrenders, he will be remanded to judicial custody. He praysthat the Magistrate may be directed to consider his BailApplication on the date of surrender itself.

Crl.M.C. No. 4208 of 2009

-:2:-

4. On hearing the submissions made by the counsel for the petitioner and the learned Public Prosecutor, I feel that in theinterest of justice this petition can be allowed.

In the result, the petition is allowed. The petitioner shall surrender before the Trial Court on or before 15.01.2010. Thelearned Magistrate shall consider his Bail Application, if filed, onthe date of surrender itself and pass appropriate orders.

P.Q. BARKATH ALI, JUDGE

ttb

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