Latha Vs. State of Kerala

Latha vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 26, 2013

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https://sooperkanoon.com/case/1022247

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Citation: sooperkanoon.com/1022247
Court: Kerala High Court
Judge: Honourable Mr.Justice S.S.Satheesachandran
Decided On: Aug 26, 2013
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

Latha

Respondent

State of Kerala

Excerpt

.....period of detention already suffered by petitioner is canvassed by his counsel to urge for his release on bail subject to conditions as deemed fit and proper. opposing the application learned public prosecutor submits that he is involved in two more crimes of similar nature and if released on bail he is likely to commit the very same offence.4. from the submissions made, it is seen crimes registered against him earlier for the offence under the act are still under investigation and no indictment is made so far. when that is taken into account, with reference to the period of detention b.a.no.5345 o”2. already suffered by petitioner, and the quantity of arrack, allegedly, seized from his possession, i find he can be released on bail subject to the following conditions :- i. petitioner shall execute a bond for rs.20,000/- (rupees twenty thousand only) with two solvent sureties for the like sum by each of them to the satisfaction of the judicial first class magistrate, ottapalam. ii. petitioner shall report before the investigating officer once in a week on every monday at a time between 10.00. a.m. and 11.00.a.m. for a period of three weeks or till completion of investigation of the crime, whichever is earlier. petition is allowed. sd/- s.s.satheesachandran, judge true copy p.a.to judge rkm

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 26TH DAY OF AUGUST 2013 4TH BHADRA, 1935 Bail Appl.No. 5345 of 2013 () ------------------------------- AGAINST THE ORDER/

JUDGMENT

IN CRMP 3621 2013 of J.M.F.C.- I, OTTAPPALAM DATED 23 07-2013 CRIME NO. 1113/2013 OF OTTAPALAM POLICE STATION, PALAKKAD PETITIONER/ ACCUSED : ------------------------ LATHA, AGED 4 YEARS, D/O.MEENAKSHI, MEPPATTUPARAMBIL HOUSE, PALLARMANGALAM, OTTAPALAM, PALAKKAD DISTRICT. BY ADVS.SRI.K.B.ARUNKUMAR SRI.RANJIT BABU RESPONDENT : -------------- STATE OF KERALA, REPRESENTED THROUGH THE SUB INSPECTOR, OTTAPALAM POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.LALIZA.T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-08-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RKM S.S.SATHEESACHANDRAN, J ----------------------------------------- B.A.No.5345 of 2013 ----------------------------------- Dated this the 26th day of August, 2013 ORDER Petitioner is the accused in Crime No.1113 of 2013 of Ottapalam Police Station registered for the offence punishable under Section 8(1) & 8(2) of the Kerala Abkari Act (for short "the Act"). He seeks his release on bail under Section 439 of the Code of Criminal Procedure (for short "the Code").

2. Allegation is that on 20.07.2013, at about 6.00.p.m., he was found in possession of 1.5 litres of arrack without any authority or license. On his arrest and production before the magistrate he was remanded to judicial custody.

3. Period of detention already suffered by petitioner is canvassed by his counsel to urge for his release on bail subject to conditions as deemed fit and proper. Opposing the application learned public prosecutor submits that he is involved in two more crimes of similar nature and if released on bail he is likely to commit the very same offence.

4. From the submissions made, it is seen crimes registered against him earlier for the offence under the Act are still under investigation and no indictment is made so far. When that is taken into account, with reference to the period of detention B.A.No.5345 o”

2. already suffered by petitioner, and the quantity of arrack, allegedly, seized from his possession, I find he can be released on bail subject to the following conditions :- i. Petitioner shall execute a bond for Rs.20,000/- (Rupees Twenty thousand only) with two solvent sureties for the like sum by each of them to the satisfaction of the Judicial First Class Magistrate, Ottapalam. ii. Petitioner shall report before the investigating officer once in a week on every Monday at a time between 10.00. a.m. and 11.00.a.m. for a period of three weeks or till completion of investigation of the crime, whichever is earlier. Petition is allowed. Sd/- S.S.SATHEESACHANDRAN, JUDGE True Copy P.A.to Judge RKM

Same Court & Year Kerala · 2013 Same Parties Latha vs State of Kerala Same Subject Land Acquisition Same Judge Honourable Mr.Justice S.S.Satheesachandran