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Davis Vs. the State of Kerala

Davis vs The State of Kerala

Type Court Judgment Court Kerala Decided Feb 21, 2014
~3 min read
https://sooperkanoon.com/case/1128877

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Citation
Court
Kerala High Court
Judge
Decided On
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

Davis

Respondent

The State of Kerala

Excerpt

.....before the investigating officer within 10 days from today. after interrogation the accused shall be produced before the b.a. no.1082 of 2014 -:2. :- learned magistrate. when applied for bail by the accused, the learned magistrate will grant bail to the petitioner but on the following conditions: a. the accused shall execute a bond for 20,000/- (rupees twenty 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 himself available for interrogation by the investigating officer and should appear before the investigating officer on all mondays between 9.30 am to 11.30 am until further orders. c. the accused shall produce his original passport before the learned jurisdictional magistrate. if he is not having any valid passport, he should file an affidavit regarding the same before the magistrate. d. the accused will also file affidavit that he will b.a. no.1082 of 2014 -:3. :- abide by all the conditions as mentioned above and that he 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. //true copy// p.a. to judge jvt

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN FRIDAY, THE21T DAY OF FEBRUARY20142ND PHALGUNA, 1935 Bail Appl..No. 1082 of 2014 () ------------------------------- CRMC952014 of SESSIONS COURT, THRISSUR CRIME NO. 53/2014 OF IRINJALAKUDA POLICE STATION, TRISSUR ------------- PETITIONER/ACCUSED :- ----------------------- DAVIS, AGED54YEARS S/O.ANTHONI, KONIKKARA HOUSE, AVITTATHUR P.O. KADUPPASERY VILLAGE, MUKUNDAPURAM TALUK THRISSUR DISTRICT. BY ADV. DR.V.N.SANKARJEE RESPONDENTS/STATE AND COMPLAINANT :- -------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

2. THE SUB INSPECTOR OF POLICE IRINJALAKUDA, THRISSUR DISTRICT. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2102-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J.

-------------------------------- B.A. No.1082 of 2014 --------------------------------- Dated this the 21st day of February 2014 ORDER

Petitioner is the sole accused in Crime No.53/2014 of Irinjalakuda Police Station. The offences alleged against him are punishable under Secs.448, 341, 324 and 354 of IPC. The crime was registered when the complaint filed by the complainant was forwarded to the police under Sec.156(3) of Cr.P.C. The allegation made so as to attract the offence punishable under Sec.354 IPC is that the accused tore the nighty and caught hold of the complainant.

2. Learned counsel for the petitioner submits that the allegations made in the complaint are false.

3. Considering all the aspects the following directions are issued: The petitioner shall surrender before the Investigating Officer within 10 days from today. After interrogation the accused shall be produced before the B.A. No.1082 of 2014 -:

2. :- learned Magistrate. When applied for bail by the accused, the learned Magistrate will grant bail to the petitioner but on the following conditions: a. The accused shall execute a bond for 20,000/- (Rupees Twenty 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 himself available for interrogation by the Investigating Officer and should appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders. c. The accused shall produce his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. d. The accused will also file affidavit that he will B.A. No.1082 of 2014 -:

3. :- abide by all the conditions as mentioned above and that he 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. //True Copy// P.A. To Judge Jvt

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