IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4225 of 2009()
1. SUNIL MENDEZ, S/O. VALLADAN ANTONY,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.R.SATISH KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :30/12/2009
O R D E R
P.Q. BARKATH ALI, J.
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Crl.M.C. No. 4225 OF 2009
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Dated this the 30th day of December, 2009
O R D E R
Petitioner is the 7th accused in Crime No.86/2003 of
Pallithottam Police Station in Kollam District. The case is now
pending as SC No.1189/07 before the Additional Sessions Court
Adhoc-III, Kollam. The allegation against the accused persons in
that case is that they committed offences punishable under
Sections 143, 147, 148, 149, 332, 333, r/w Section 308 IPC
alleging that on 25.12.03 at 9 p.m., they attacked the police
personnel. Now the case is committed to Sessions Court and is
pending there.
2. It is alleged in the petition that warrant is pending
against him and that if surrendered before the Sessions Court, he
apprehends that he may be remanded to judicial custody and
that therefore the Sessions Court may be directed to consider his
bail application on the date of surrender itself.
3. Heard learned counsel for the petitioner and the learned
Public Prosecutor. I feel that in the interest of justice the petition
Crl.M.C. No.4225 of 2009
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can be allowed.
In the result, the petition is allowed. The petitioner shall
surrender before the Sessions Court on or before 15.01.2010. If
the petitioner moves the Bail Application, the learned Sessions
Judge shall consider his Bail Application, on the date of surrender
itself and pass appropriate orders.
P.Q. BARKATH ALI, JUDGE
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