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. 4225 of 2009 ------------------------- SC.1189/2007 of ADDITIONAL SESSIONS COURT, ADHOC-III, KOLLAM IN CRIME NO.86/03 OF PALLITHOTTAM POLICE STATION. .................... PETITIONER/7TH ACCUSED: ------------------------------- SUNIL MENDEZ, S/O. VALLADAN ANTONY, AGED 35 YEARS, FISHERMEN COLONY, VAYALIL PURAYIDAM KOLLAM WEST VILLAGE. BY ADV. SRI.R.SATISH KUMAR RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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. 4225 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 -:2:- 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 ttb