Aji Vs. the State of Kerala

Aji vs The State of Kerala

Type Court Judgment Court Kerala Decided Nov 05, 2013

~3 min read

https://sooperkanoon.com/case/1097287

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1097287
Court: Kerala High Court
Judge: Honourable Mr.Justice Thomas P.Joseph
Decided On: Nov 05, 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

Aji

Respondent

The State of Kerala

Excerpt

.....november 2013 order petitioners are accused 1, 2 and 4 to 9, in crime no. 813 of 2013 of the sulthan bathery police station for the offences punishable under secs.143, 147, 148, 324 and 326 read with sec.149 of the indian penal code, apprehend arrest and have filed this application for pre arrest bail.2. learned public prosecutor has submitted that on 04.09.2013 at about 7.30 p.m., the petitioners and others attacked the defacto complainant and others with iron rod, stones etc. causing fracture of the ulna. it is submitted that the petitioners are involved in crime no.667 of 2012 for the offences under secs.341, 323 and 324 while the 2nd petitioner is further involved in crime no.853 of 2013, both of the same police station, for similar offences. final reports have filed in the said cases. the weapons (allegedly) used in the incident are to be recovered.3. learned counsel submits that the defacto bail appl. no.7235 of 2013 2 complainant and others attacked the petitioner and others due to political animosity for which crime no.812 of 2013 is registered for the offences under secs.143, 147, 148, 341, 323 and 324 read with sec.149 of the ipc and that after the defacto complainant and others got regular bail, the offence under sec.326 is incorporated in that case.4. having regard to the circumstance of the case, i am not inclined to think that the petitioners should be granted an order for pre-arrest bail. petitioners have either to surrender before the investigating officer or before the court concerned and seek regular bail.5. in case the petitioners surrender before the investigating officer, after questioning is over, they shall be produced before the jurisdictional magistrate as early as possible. the application is disposed of with the above directions. sd/- thomas p. joseph judge ns

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY, THE5H DAY OF NOVEMBER201314TH KARTHIKA, 1935 Bail Appl..No. 7235 of 2013 () ------------------------------- CRIME NO. 813/2013 OF SULTHAN BATHERY POLICE STATION, WAYANAD DISTRICT ------------------- PETITIONER/PETITIONER/ACCUSED: ----------------------------------------------------- 1. AJI N.K., AGED31YEARS S/O KRISNAN, KOZHIKKAL HOUSE, KUPPADI P.O. KARAKANDI, SULTHAN BATHERY, WAYANAD DT.

2. FRANKLIN, AGED25YEARS S/O BABY VARGHESE, PULIMOOTTIL HOUSE, BEENACHI P.O. SULTHAN BATHER, WAYANAD DT.

3. NAVS, AGED26YEARS S/O. MUHAMMED, THEKKEPPATTUMADATHIL HOUSE, POOMALA P.O. SULTHAN BATHERY, WAYANAD DT.

4. DHANOOP,AGED24YEARS S/O. JOSEPH, KALAPURAKKAL HOUSE, PAZHUPATHUR P.O. ARIVAYAL, SULTHAN BATHERY, WAYANAD DT.

5. AKHILDEV, AGED23YEARS S/O. PADMAKSHAN, THEKKEPARAMBATH HOUSE, POOMALA P.O. SULTHAN BATHERY, WAYANAD DT.

6. PRAVEEN, AGED24YEARS S/O. MOHANAN, AZHAKKATH HOUSE, POOMALA P.O. SULTHAN BATHERY, WAYANAD DT.

7. NIKHIL GEORGE, AGED24YEARS S/O GEORGE, THETTIKOTTUMOLATHATH HOUSE KIDANGANAD P.O., VADAKKANAD, SULTHAN BATHERY WAYANAD DT.

8. FASALSHA, AGED26YEARS S/O. HASSAN, KANAKKANATH HOUSE, AMBUKUTHY AMBALAVAYAL P.O., SULTHAN BATHERY, WAYANAD DT. BY ADV. SRI.A.V.JAMES ...2/- Bail Appl..No. 7235 of 2013 () -2- RESPONDENTS/RESPONDENTS/COMPLAINANT : ----------------------------------------------------------------------- THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REP. BY THE SUB INSPECTOR OF POLICE SULTHAN BATHERY POLICE STATION IN CRIME NO.813/2013. BY PUBLIC PROSECUTOR SMT. LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0511-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P. JOSEPH, J.

-------------------------------- Bail Appl. No.7235 of 2013 -------------------------------------------- Dated this the 5th day of November 2013 ORDER

Petitioners are accused 1, 2 and 4 to 9, in Crime No. 813 of 2013 of the Sulthan Bathery Police station for the offences punishable under Secs.143, 147, 148, 324 and 326 read with Sec.149 of the Indian Penal Code, apprehend arrest and have filed this application for pre arrest bail.

2. Learned Public Prosecutor has submitted that on 04.09.2013 at about 7.30 p.m., the petitioners and others attacked the defacto complainant and others with iron rod, stones etc. causing fracture of the ulna. It is submitted that the petitioners are involved in Crime No.667 of 2012 for the offences under Secs.341, 323 and 324 while the 2nd petitioner is further involved in Crime No.853 of 2013, both of the same Police station, for similar offences. Final reports have filed in the said cases. The weapons (allegedly) used in the incident are to be recovered.

3. Learned counsel submits that the defacto Bail Appl. No.7235 of 2013 2 complainant and others attacked the petitioner and others due to political animosity for which Crime No.812 of 2013 is registered for the offences under Secs.143, 147, 148, 341, 323 and 324 read with Sec.149 of the IPC and that after the defacto complainant and others got regular bail, the offence under Sec.326 is incorporated in that case.

4. Having regard to the circumstance of the case, I am not inclined to think that the petitioners should be granted an order for pre-arrest bail. Petitioners have either to surrender before the investigating officer or before the Court concerned and seek regular bail.

5. In case the petitioners surrender before the investigating officer, after questioning is over, they shall be produced before the jurisdictional magistrate as early as possible. The application is disposed of with the above directions. Sd/- THOMAS P. JOSEPH JUDGE NS

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