IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4232 of 2009()
1. AKHI I MANOHAR, AGED 19 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE PUBLIC
... Respondent
For Petitioner :SRI.JOHNSON GOMEZ
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.4232 of 2009
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Dated this the 30th December,2009
O R D E R
Petitioner is the 1st accused in C.C No.129/2008 of
the Chief Judicial Magistrate Court, Kollam. He was
charge sheeted by the Sub Inspector of Police alleging
commission of offences punishable under Section 323 r/w.
Section 34 of Indian Penal Code.
2. It is alleged in the petition that the petitioner is
unaware of the case pending against him, that now he
came to know that a non-bailable warrant is pending
against him and proceedings under Sections 82 and 83 of
the Code of Criminal Procedure are initiated against him,
that petitioner is now ready to surrender before the
Magistrate, that petitioner apprehends that if he
surrenders, he will be remanded to judicial custody. He
prays that the Magistrate may be directed to consider his
bail application on the date of surrender itself.
3. Heard learned counsel for the petitioner and
learned Public Prosecutor.
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4. I feel that in the interest of justice, petition
should be allowed.
In the result, the petition is allowed. Petitioner shall
surrender before the trial court on or before 15.1.2010. On
such surrender and if he files a bail application , the trial
court shall dispose of the bail application on the date of
surrender itself.
P.Q BARKATH ALI, JUDGE
ma
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