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. 4223 of 2009 ------------------------- CC.289/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI IN CC NO.150/07 OF THRITHALA POLICE STATION. .................... PETITIONER/6TH ACCUSED: ------------------------------- JAFFER SADDIQUE, S/O.ABDU, THONIKKADAVATH HOSUE, KOODALLUR. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN 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. 4223 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of December, 2009 O R D E R Petitioner is the 6th accused in Crime No.150/2007 of Thrithala Police Station. The case is pending as CC No.289/2007 before the Judicial First Class Magistrate Court, Pattambi. The allegation against him is that, he along with other accused persons committed offences punishable under Sections 143, 147, 148, 294(b), 332, r/w Section 149 IPC and Section 3(1) of PDPP Act. 2. It is alleged in the petition that now warrant is pending against him and he apprehends that if he surrenders before the Trial Court, he will be remanded to judicial custody and that therefore the learned Magistrate may be directed to release him on bail. 3. Heard learned counsel for the petitioner and learned Public Prosecutor. Taking into account the fact that the petitioner was released on bail at the crime stage, I feel that this petition can be allowed. Crl.M.C. No.4223 of 2009 -:2:- In the result, the petition is allowed. The petitioner shall surrender before the Trial Court on or before 15.01.2010. On such surrender the learned Magistrate shall release him on bail on executing a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the Lower Court, and on condition that he shall appear before the Trial Court on all hearing dates, failing which the Magistrate is at liberty to cancel his bail. P.Q. BARKATH ALI, JUDGE ttb