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Selma Vs. State of Kerala

Selma vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 20, 2012
~3 min read
https://sooperkanoon.com/case/1009478

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Citation
Court
Kerala High Court
Judge
Decided On
Subject
Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue
Land Acquisition

Parties & Advocates

Appellant / Petitioner

Selma

Respondent

State of Kerala

Excerpt

.....- - - - - dated this the 20th day of december, 2012. order on an earlier occasion this court had declined to grant bail to the petitioners in the nature of the offence committed by the petitioner.2. learned public prosecutor submits that final report has been laid before the court concerned.3. after having heard learned counsel for the petitioner and the learned public prosecutor, and after perusing the records, it is felt that the petitioner can be granted bail on stringent conditions. therefore, this application is allowed on the following conditions: i) petitioner shall be released on bail on his executing a bond for a sum of rs.15,000/- (rupees fifteen thousand only) with two solvent sureties for the like sum each to the satisfaction of jfcm-i, perumbavoor. b.a.9519/2012. 2 ii) the learned magistrate may ensure the identity of the sureties and also the veracity of the tax receipts that are sought to be produced at the time of executing the bond. iii) petitioner shall report before the investigating officer on every friday between 9 a.m. and 10 a.m. until further orders. iv) petitioner shall not try to communicate, either directly or indirectly with the defacto complainant. v) petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. v) if any of the condition is violated, bail granted to the petitioner shall stand cancelled, and the jfcm concerned may take such steps as are available to him in law. p. bhavadasan, judge sb.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 20TH DAY OF DECEMBER 2012 29TH AGRAHAYANA 193 Bail Appl..No. 9519 of 2012 (D) --------------------------------------- AGAINST THE ORDER IN BA.7907/2012 DATED 27 11-2012 CMP.1708/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PERUMBAVOOR CRIME NO. 1073/2012 OF THE KALADY POLICE STATION, ERNAKULAM DISTRICT .......................................................... PETITIONER/ACCUSED : ------------------------------------ SELMA, AGED 3 YEARS D/O. THOMAS, ARACKAL HOUSE, KADAPPARA KARA MALAYATTOOR VILLAGE. BY ADV. SRI.JOSY ANTONY RESPONDENTS/COMPLAINANT : ------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DCS P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - B.A. No. 9519 of 2012 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of December, 2012. ORDER On an earlier occasion this court had declined to grant bail to the petitioners in the nature of the offence committed by the petitioner.

2. Learned Public Prosecutor submits that final report has been laid before the court concerned.

3. After having heard learned counsel for the petitioner and the learned Public Prosecutor, and after perusing the records, it is felt that the petitioner can be granted bail on stringent conditions. Therefore, this application is allowed on the following conditions: i) Petitioner shall be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two solvent sureties for the like sum each to the satisfaction of JFCM-I, Perumbavoor. B.A.9519/2012. 2 ii) The learned Magistrate may ensure the identity of the sureties and also the veracity of the tax receipts that are sought to be produced at the time of executing the bond. iii) Petitioner shall report before the Investigating Officer on every Friday between 9 a.m. and 10 a.m. until further orders. iv) Petitioner shall not try to communicate, either directly or indirectly with the defacto complainant. v) Petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. v) If any of the condition is violated, bail granted to the petitioner shall stand cancelled, and the JFCM concerned may take such steps as are available to him in law. P. BHAVADASAN, JUDGE sb.

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