Bhargavan Vs. State of Kerala

Bhargavan vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 06, 2013

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https://sooperkanoon.com/case/1096663

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Citation: sooperkanoon.com/1096663
Court: Kerala High Court
Judge: Honourable Mr.Justice Thomas P.Joseph
Decided On: Nov 06, 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

Bhargavan

Respondent

State of Kerala

Excerpt

.....b.a.no.7341 of 2013 ---------------------------------------- dated this the 6th day of november, 2013 order petitioners are accused 1 to 7, in crime no.1542 of 2012 of the kallambalam police station, for the offence punishable under section 7 of the kerala land conservancy (amendment) act, 2009 for allegedly trespassed into the government purampke, apprehend arrest and have filed this application.2. learned counsel submitted that the allegations are not true and that the various records produced along with this application would show existence of the temple since long. allegation of recent trespass is not true.3. i have heard the learned public prosecutor also.4. having regard to the nature of offence alleged, i am inclined to think that custodial interrogation of the petitioner is not required. hence i am inclined to grant relief but subject to stringent conditions since investigating could not be affected. a) the petitioners shall report to the officer investigating crime crime no.1542 of 2012 of the kallambalam police station on 12-11-2013 at 10 a.m for interrogation. b.a.no.7341 of 2013 2 b) if interrogation of the petitioners is not completed that day, they shall appear before the officer investigating the case on the day/days and time directed by him which the petitioners shall comply. c) in case arrest of the petitioners is recorded, they shall be released on bail, if not required to be detained otherwise on their executing bond for rs.15,000/- (rupees fifteen thousand only) each with two sureties each for the like sum each before the arresting officer and subject to the following conditions: i) petitioners shall report to the officer investigating the case on every alternate saturday between 10 a.m and 12 p.m for a period of two months until filing of the final report, whichever is earlier. ii) petitioners shall report to the officer investigating the case as and when required for interrogation. iii) petitioners shall not making any.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE6H DAY OF NOVEMBER201315TH KARTHIKA, 1935 Bail Appl..No. 7341 of 2013 (E) ------------------------------------------- [CRIME NO. 1542/2013 OF KALLAMBALAM POLICE STATION , THIRUVANANTHAPURAM DISTRICT] ............ PETITIONERS/ACCUSED: ------------------------------------ 1. BHARGAVAN, AGED76YEARS, S/O. KUMARAN, KALLUKEERIA VEEDU, (VALIYA MADHOM HOUSE), KUNNATHUKONAM DESOM, NEDUMPARAMBU POST, KARAVARAM VILLAGE, CHIRAYINKIL TALUK, THIRUVANANTHAPURAM, PIN-695 102 (ACCUSED NO.1 IN CRIME NO.1542/2012 OF KALLAMBALAM POLICE STATION).

2. K.K. VIJAYAKUMAR @ KUMAR, AGED42YEARS, S/O. KUNJUSANKARAN, KARIKKAKATHIL VEEDU, PARAVILA, NEDUMPARAMBU POST, KARAVARAM VILLAGE, CHIRAYINKIL TALUK, THIRUVANANTHAPURAM, PIN-695 102 (ACCUSED NO. 2 IN CRIME NO.1542/2012 OF KALLAMBALAM POLICE STATION).

3. KRISHNANKUTTY.K, AGED47YEARS, S/O. KUNJUSANKARAN , NOBLE HOUSE, NELLIKKUNNU, KARAVARAM POST, KARAVARAM VILLAGE, CHIRAYINKIL TALUK, THIRUVANANTHAPURAM, PIN-695 605 (ACCUSED NO. 3 IN CRIME NO.1542/2012 OF KALLAMBALAM POLICE STATION).

4. AJAYAKUMAR.S, AGED42YEARS, S/O. SADANANDAN, VILAYIL VEEDU, (KATTIIL PUTHEN VEEDU), NEDUMPARAMBU POST, KARAVARAM VILLAGE, CHIRAYINKIL TALUK, THIRUVANANTHAPURAM, PIN-695 102 (ACCUSED NO. 4 IN CRIME NO. 1542/2012 OF KALLAMBALAM POLICE STATION).

5. SUNDARESAN.M, AGED62YEARS, S/O. MADHAVAN, CHARUVILA PUTHEN VEEDU, NELLIKKUNNU, KARAVARAM POST, KARAVARAM VILLAGE, CHIRAYINKIL TALUK, THIRUVANANTHAPURAM, PIN-695 605 (ACCUSED NO. 5 IN CRIME NO. 1542/2012 OF KALLAMBALAM POLICE STATION). Prv. B.A. NO.7341/2013-E:

6. MANI.P.S, AGED64YEARS, S/O. PODIYAN, KADAYIL VEEDU, (S.M.VILLA), KARAVARAM POST, KARAVARAM VILLAGE, CHIRAYINKIL TALUK, THIRUVANANTHAPURAM, PIN-695 605 (ACCUSED NO. 6 IN CRIME NO. 1542/2012 OF KALLAMBALAM POLICE STATION.) 7. RAMANAN, AGED67YEARS, S/O. NANU, MADATHIL KUNNIL VEEDU, ADAYAMAN POST, THATTATHUMALA, PAZHAYAKUNNUMMEL VILLAGE, THIRUVANANTHAPURAM PIN-695 614(ACCUSED NO. 1542/2012 OF KLLAMBALAM POLICE STATION). BY ADVS.SRI.K.P.RAMACHANDRAN, SRI.MANOJ.R.NAIR, SMT.SHOBA NAIR. COMPLAINANTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KALLAMBALAM POLICE STATION, KALLAMBALAM POST, THIRUVANANTHAPURAM DISTRICT-695 605 (THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ) 2. SUB INSPECTOR OF POLICE, KALLAMBALAM POLICE STATION, KALLAMBALAM POST, THIRUVANANTHAPURAM DISTRICT, PIN-695 605. BY PUBLIC PROSECUTOR SMT. LALIZA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0611-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. THOMAS P. JOSEPH, J --------------------------------------- B.A.No.7341 of 2013 ---------------------------------------- Dated this the 6th day of November, 2013 ORDER

Petitioners are accused 1 to 7, in Crime No.1542 of 2012 of the Kallambalam Police Station, for the offence punishable under Section 7 of the Kerala Land Conservancy (Amendment) Act, 2009 for allegedly trespassed into the Government Purampke, apprehend arrest and have filed this application.

2. Learned counsel submitted that the allegations are not true and that the various records produced along with this application would show existence of the Temple since long. Allegation of recent trespass is not true.

3. I have heard the learned Public Prosecutor also.

4. Having regard to the nature of offence alleged, I am inclined to think that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief but subject to stringent conditions since investigating could not be affected. a) The petitioners shall report to the officer investigating Crime Crime No.1542 of 2012 of the Kallambalam Police Station on 12-11-2013 at 10 a.m for interrogation. B.A.No.7341 of 2013 2 b) If interrogation of the petitioners is not completed that day, they shall appear before the officer investigating the case on the day/days and time directed by him which the petitioners shall comply. c) In case arrest of the petitioners is recorded, they shall be released on bail, if not required to be detained otherwise on their executing bond for Rs.15,000/- (Rupees fifteen thousand only) each with two sureties each for the like sum each before the arresting officer and subject to the following conditions: i) Petitioners shall report to the officer investigating the case on every alternate Saturday between 10 a.m and 12 p.m for a period of two months until filing of the final report, whichever is earlier. ii) Petitioners shall report to the officer investigating the case as and when required for interrogation. iii) Petitioners shall not making any alteration, addition or improvement to the existing structure in the disputed property until disposal of the case or otherwise permitted by any lawful authority. B.A.No.7341 of 2013 3 vi) In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the learned magistrate as held in P.K.Shaji Vs. State of Kerala (AIR 2006 SC100. THOMAS P. JOSEPH, JUDGE AS

Same Court & Year Kerala · 2013 Same Parties Bhargavan vs State of Kerala Same Subject Land Acquisition Same Judge Honourable Mr.Justice Thomas P.Joseph