Shaji Vs. State of Kerala

Shaji vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 18, 2014

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https://sooperkanoon.com/case/1127769

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Citation: sooperkanoon.com/1127769
Court: Kerala High Court
Judge: Honourable Mr.Justice N.K.Balakrishnan
Decided On: Feb 18, 2014
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

Shaji

Respondent

State of Kerala

Excerpt

.....:- the petitioners shall surrender before the investigating officer within seven days from today. after interrogation the accused shall be produced before the learned magistrate. when applied for bail by the accused, the learned magistrate will grant bail to the petitioners but on the following conditions: a. the accused shall execute a bond for rs.10,000/- (rupees ten thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned magistrate. if in case the magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b. the accused shall make themselves available for interrogation by the investigating officer and should appear before the investigating officer on b.a. no.983 of 2014 -:3. :- all mondays between 9.30 am to 11.30 am until further orders. c. the accused shall produce their original passports before the learned jurisdictional magistrate. if they are not having any valid passport, they should file an affidavit regarding the same before the magistrate. d. the accused will also file affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. e. the learned magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/driving licence etc. sd/- n.k.balakrishnan, judge. jvt

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN TUESDAY, THE18H DAY OF FEBRUARY201429TH MAGHA, 1935 Bail Appl..No. 983 of 2014 () ------------------------------ CRMC1892014 of SESSIONS COURT, THRISSUR CRIME NO.65/2014 OF CHELAKKARA POLICE STATION, TRISSUR --------------- PETITIONERS/ACCUSED NO.1 & 3 :- --------------------------------- 1. SHAJI AGED37YEARS S/O.UNNIKRISHNAN, KANAKKANTHARA HOUSE, ELANAD VILLAGE TRIKKANAYA DESOM, TALAPPILLY TALUK, THRISSUR DISTRICT.

2. VIBIN AGED24YEARS S/O.SIVADASAN, IRIBASSERY HOUSE, PULAKKAD P.O. KUTTADAN, TALAPPILLY TALUK, THRISSUR DISTRICT. BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN RESPONDENT/STATE :- ---------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 (CRIME NO.65/2014 OF CHELAKARA POLICE STATION THRISSUR DISTRICT).

2. STATION HOUSE OFFICER, CHELAKARA POLICE STATION THRISSUR DISTRICT-680586(CRIME NO.65/2014 OF CHELAKARA POLICE STATION, THRISSUR DISTRICT). BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1802-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J.

-------------------------------- B.A. No.983 of 2014 ---------------------------- Dated this the 18th day of February 2014 ORDER

Petitioners are accused Nos.1 and 3 in Crime No.65/2014 of Chelakara Police Station, Thrissur District. The offences alleged against these petitioners and other accused are punishable under Secs.143, 147, 148, 452, 341, 323, 324, 354, 294(b) and 506(i) r/w 149 IPC.

2. The alleged incident took place on 16.1.2014 at 10.30 PM. It is alleged that these petitioners and other persons committed trespass into the residential house of the complainant and attacked the complainant. When his wife tried to intervene, she was also attacked. It is stated that earlier, one Manoj, a friend of the petitioners was attacked by the son of the complainant. It is stated that some persons went to the house of the complainant only to tell him not to create further problems. But, apprehending a case being filed against the complainant's son, this case B.A. No.983 of 2014 -:

2. :- has been foisted, the learned counsel for the petitioners submits.

3. Considering all the aspects, the following directions are issued :- The petitioners shall surrender before the Investigating Officer within seven days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will grant bail to the petitioners but on the following conditions: a. The accused shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b. The accused shall make themselves available for interrogation by the Investigating Officer and should appear before the Investigating Officer on B.A. No.983 of 2014 -:

3. :- all Mondays between 9.30 AM to 11.30 AM until further orders. c. The accused shall produce their original passports before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. d. The accused will also file affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. e. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. Sd/- N.K.BALAKRISHNAN, JUDGE. Jvt

Same Court & Year Kerala · 2014 Same Parties Shaji vs State of Kerala Same Subject Land Acquisition Same Judge Honourable Mr.Justice N.K.Balakrishnan