IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4237 of 2009()
1. NAJEEM
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.SHABU SREEDHARAN
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. 4237 OF 2009
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Dated this the 30th day of December, 2009
O R D E R
Petitioner is the accused in LP No.101/09 on the file of
JFCM Court, Paravoor. The allegation against the petitioner is
that he has committed offences punishable under Sections 3 and
12 of the Indian Passport Act. He has filed Crl.M.C.404/09
seeking to quash the charge sheet against him, which was
dismissed by this Court by order dated January 30, 2009.
2. Now the petitioner wants to surrender before the Trial
Court and he apprehends that if he surrenders, he will be
remanded to judicial custody. Warrant is also pending against
him. Therefore he prays that the lower court may be directed to
release him on bail, if he surrenders.
3. Heard learned counsel for the petitioner and the learned
Public Prosecutor. In the circumstances of the case I feel that
the lower court can be directed to consider petitioner’s bail
application on the date of surrender itself.
In the result, the petition is allowed. The petitioner is
Crl.M.C. No. 4237 of 2009
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directed to surrender before the Trial Court within one month
from today and as on such surrender, if he files bail application, it
shall be disposed of by the Trial Court on the date of surrender
itself. Petitioner is also at liberty to apply before the Trial court
for discharge.
P.Q. BARKATH ALI, JUDGE
ttb