High Court Kerala High Court

Najeem vs State Of Kerala on 30 December, 2009

Kerala High Court
Najeem vs State Of Kerala on 30 December, 2009
       

  

  

 
 
  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.
                - - - - - - - - - - - - - - - - - - - - - -
                      Crl.M.C. No. 4237 OF 2009
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            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
-:2:-

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