Haridas Vs. State of Kerala

Haridas vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 26, 2013

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https://sooperkanoon.com/case/1098650

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Citation: sooperkanoon.com/1098650
Court: Kerala High Court
Judge: Honourable Mr.Justice Thomas P.Joseph
Decided On: Nov 26, 2013
Subject: Education

Case Summary

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

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Haridas

Respondent

State of Kerala

Excerpt

.....grant bail accepting bail appl. no. 7801 of 2013 2 suggestion of learned counsel for the petitioners. resultantly, the application is allowed as under. petitioners are granted bail in crime no.803 of 2013 of the sreekrishnapuram police station and shall be released (if not required to be detained otherwise) on their executing bond for rs.25,000/- (rupees twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions. (a) bail bond shall be executed within three weeks from this day. (b) petitioners, while executing the bail bond shall file affidavits before the learned magistrate detailing the immovable properties they own and undertaking that they shall not, until disposal of the case transfer in any manner or encumber the said properties. (c ) petitioners shall, within a week of their release on bail file such affidavit before the sub registrar within whose jurisdiction the properties are situated. (d) petitioners shall report to the officer bail appl. no. 7801 of 2013 3 investigating crime no.803 of 2013 of the sreekrishnapuram police station on every alternate saturdays between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier (e) petitioners shall report to the investigating officer as and when required for interrogation. (f) petitioners shall not get involved in any offence during the period of this bail. (g) in case any of condition nos.(c) to (f) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in p.k. shaji v. state of kerala (air 2006 sc100. sd/- thomas p. joseph judge / true copy / ns p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY,THE26H DAY OF NOVEMBER20135TH AGRAHAYANA, 1935 Bail Appl..No. 7801 of 2013 (A) ------------------------------------------ [CRIME NO. 803/2013 OF SREEKRISHNAPURAM POLICE STATION , PALAKKAD DISTRICT] ................... PETITIONERS/ACCUSED NOS.8,7,6,5,12 AND15 --------------------------------------------------------------------- 1. HARIDAS, S/O. RAMANKUTTY, AGED24YEARS, MELETHIL HOUSE, ATTASSERY POST, OTTAPALAM TALUK, PALAKKAD DISTRICT.

2. RAJENDRAN, S/O. ETTEERI, AGED30YEARS, MOOCHIKUZHY HOUSE, ATTASSERY POST, OTTAPALAM TALUK, PALAKKAD DISTRICT.

3. MOHANDAS, S/O. KRISHNANKUTTY, AGED37YEARS, MELETHIL HOUSE, ATTASSERY POST, OTTAPALAM TALUK, PALAKKAD DISTRICT.

4. RAJAN, S/O. KUNJANMOOTHAN @ NARAYANA MOOTHAN, AGED43YEARS, PALAKURISSY HOUSE, ATTASSERY POST, OTTAPALAM TALUK, PALAKKAD DISTRICT.

5. SURESH BABU, S/O.RAMAN, AGED34YEARS, KALAPPARA VEEDU, ATTASSERY POST, OTTAPALAM TALUK, PALAKKAD DISTRICT.

6. VINOJ, S/O. MADHAVAN, AGED26YEARS, MELETHIL HOUSE, ATTASSERY POST, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.T.K.SANDEEP. Prv. B.A. NO.7801/2013-A: RESPONDENT/COMPLAINANT/STATE: ------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY PUBLIC PROSECUTOR SMT. LALIZA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2611-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. THOMAS P. JOSEPH, J.

-------------------------------- Bail Appl. No. 7801 of 2013 -------------------------------------------- Dated this the 26th day of November 2013 ORDER

Petitioners are accused in Crime No.803 of 2013 of the Sreekrishnapuram Police station for the offences punishable under Secs.409, 420 and 201 read with Sec.34 of the Indian Penal Code, are in custody from 19.10.2013 and seek bail.

2. Learned Public Prosecutor has submitted that between 15.12.2011 and 1.10.2013 the petitioners and others pledged spurious gold ornaments with the S.B.T., Karimbuzha branch, made unlawful gain for them and caused unlawful loss to the bank to the tune of Rs.1.5 crores.

3. Learned counsel has submitted that the petitioners are in custody from 19.10.2013. Learned counsel also offered that the petitioners would file affidavits before the learned magistrate and before the Sub Registrar concerned that they will not dispose of or encumber their immovable properties until disposal of the case.

4. Since the petitioners are in custody from 19.10.2013 and their further detention is not required for investigation purpose, I am inclined to grant bail accepting Bail Appl. No. 7801 of 2013 2 suggestion of learned counsel for the petitioners. Resultantly, the application is allowed as under. Petitioners are granted bail in Crime No.803 of 2013 of the Sreekrishnapuram Police station and shall be released (if not required to be detained otherwise) on their executing bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions. (a) Bail bond shall be executed within three weeks from this day. (b) Petitioners, while executing the bail bond shall file affidavits before the learned magistrate detailing the immovable properties they own and undertaking that they shall not, until disposal of the case transfer in any manner or encumber the said properties. (c ) Petitioners shall, within a week of their release on bail file such affidavit before the Sub Registrar within whose jurisdiction the properties are situated. (d) Petitioners shall report to the officer Bail Appl. No. 7801 of 2013 3 investigating Crime No.803 of 2013 of the Sreekrishnapuram Police station on every alternate Saturdays between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier (e) Petitioners shall report to the investigating officer as and when required for interrogation. (f) Petitioners shall not get involved in any offence during the period of this bail. (g) In case any of condition Nos.(c) to (f) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC100. Sd/- THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge

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