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Ajas Vs. State of Kerala

Ajas vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 31, 2012
~3 min read
https://sooperkanoon.com/case/1012509

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Citation
Court
Kerala High Court
Judge
Decided On
Subject
Education

Case Summary

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

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Ajas

Respondent

State of Kerala

Excerpt

.....laliza t.y. this bail application having come up for admission on 31-12-2012, the court on the same day passed the following: bp p. bhavadasan, j.- - - - - - - - - - - - - - - - - - - - - - b.a. no. 9627 of 2012 - - - - - - - - - - - - - - - - - - - - - - dated this the 31st day of december, 2012. order it is unnecessary to go into the details of the case for the simple reason that the facts were narrated in detail while disposing of b.a. 8567 of 2012 , wherein the petitioner was one of the applicants along with another accused. the petitioner was denied bail by order dated 15.11.2012. the petitioner points out that he has been in custody for a considerable period and his continued custody is therefore unnecessary. he therefore seeks bail.2. learned public prosecutor pointed out that the final report has already been filed and there is an order under the anti-social activities (prevention) act, prohibiting the petitioner from entering the alappuzha district.3. considering the various aspects, the continued custody of the petitioner seems to be unnecessary. therefore, this application is allowed on the following conditions: b.a.9627/2012. 2 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, haripad. 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 not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. iv) 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 MONDAY, THE 31ST DAY OF DECEMBER 2012 10TH POUSHA 193 Bail Appl..No. 9627 of 2012 () ------------------------------ (CRIME NO. 174/2012 THRIKKUNNAPPUZHA POLICE STATION, ALAPPUZHA DISTRICT) PETITIONER/ACCUSED 2 : ------------------------------------ AJAS, AGED 2 YEARS S/O.MUHAMMAD SALI, PUTHENTHU PADEETATHIL PALLANA P.O., ALAPPUZHA. BY ADV. SRI.GOKUL DAS V.V.H. RESPONDENT/COMPLAINANT : -------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BP P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - B.A. No. 9627 of 2012 - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of December, 2012. ORDER It is unnecessary to go into the details of the case for the simple reason that the facts were narrated in detail while disposing of B.A. 8567 of 2012 , wherein the petitioner was one of the applicants along with another accused. The petitioner was denied bail by order dated 15.11.2012. The petitioner points out that he has been in custody for a considerable period and his continued custody is therefore unnecessary. He therefore seeks bail.

2. Learned Public Prosecutor pointed out that the final report has already been filed and there is an order under the Anti-Social Activities (Prevention) Act, prohibiting the petitioner from entering the Alappuzha District.

3. Considering the various aspects, the continued custody of the petitioner seems to be unnecessary. Therefore, this application is allowed on the following conditions: B.A.9627/2012. 2 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, Haripad. 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 not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. iv) 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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