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. 4237 of 2009() ------------------------- LP.101/2009 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVOOR .................... PETITIONER/ACCUSED: -------------------------------- NAJEEM S/O. ABDULKHADERKUNJU, BAIJU MANZIL, EZHIPPURAM CHERRI, PARIPPALLY VILLAGE, KOLLAM. BY ADV. SRI.SHABU SREEDHARAN SRI.N.A.JOHN JACOB SRI.P.SANJAY SHENOI RESPONDENT/COMPLAINAT: ----------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PARIPPALLY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ZEENATH, D/O. AISHA BEEVI, SABIN MANZIL, HOUSE NO.159, ULIAKKOVIL NAGAR, KOLLAM. 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. - - - - - - - - - - - - - - - - - - - - - - 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