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Rathi Vs. Kamalolbhavan

Rathi vs Kamalolbhavan

Type Court Judgment Court Kerala Decided Feb 05, 2014
~3 min read
https://sooperkanoon.com/case/1130450

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Citation
Court
Kerala High Court
Judge
Decided On
Subject
Right to Information

Case Summary

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

Right to Information

Key legal issue
Right to Information

Parties & Advocates

Appellant / Petitioner

Rathi

Respondent

Kamalolbhavan

Excerpt

.....surrender before the b.a. no.758 of 2014 -:2. :- investigating officer within seven days from today. after interrogation the accused shall be produced before the learned magistrate on the same day and 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 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. b.a. no.758 of 2014 -:3. :- 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. //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 WEDNESDAY, THE5H DAY OF FEBRUARY201416TH MAGHA, 1935 Bail Appl..No. 758 of 2014 () ------------------------------ CRIME NO. 44/2014 OF KUMILY POLICE STATION, IDUKKI PETITIONERS/ACCUSED :- ------------------------ 1. MANESH K., S/O. KRISHNANKUTTY, AGED40YEARS KODINJAVAYALIL HOUSE, SPRING VALLEY P.O., KUMILY IDUKKI DISTRICT.

2. BIJU K.S., S/O. SASIDHARAN, AGED34YEARS, KUTTISSERIL HOUSE, AMRAVATHY P.O., 2ND MILE, KUMILY - 685 509, IDUKKI DISTRICT.

3. AMBILY @ JIJEESH C.K., S/O. CHANDRANKUTTY, AGED32YEARS, KARIVATTU HOUSE, AMARAVATHY P.O., 2ND MILE, KUMILY - 685 509, IDUKKI DISTRICT. BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMAR SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G SRI.P.A.ISMAIL SRI.DIPU JAMES RESPONDENT/COMPLAINANT(S) :- ------------------------------ STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE KUMILY POLICE STATION, IDUKKI DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GITHESH R. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0502-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J.

-------------------------------- B.A. No.758 of 2014 ------------------------------ Dated this the 5th day of February 2014 ORDER

Petitioners are the accused in Crime No.44/2014 of Kumily Police Station. The offences alleged against them are punishable under Secs.452, 294(b), 323, 324 and 354 r/w 34 IPC. The incident, according to the prosecution, took place at 2.45 PM on 9.1.2014. The allegation is that the accused trespassed into the house and attacked the complainant and pulled the nighty worn by her.

2. Learned counsel for the petitioners submits that there is a counter crime registered against the complainant and others as Crime No.46/2014, in which the time of incident is 11 AM on the same day. Almost same allegations are stated therein.

3. Considering all the aspects the following directions are issued: The petitioners shall surrender before the B.A. No.758 of 2014 -:

2. :- Investigating Officer within seven days from today. After interrogation the accused shall be produced before the learned Magistrate on the same day and 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 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. B.A. No.758 of 2014 -:

3. :- 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. //True Copy// P.A. To Judge Jvt

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Same Court & Year Kerala · 2014 Same Parties Rathi vs Kamalolbhavan Same Subject Right to Information Same Judge Honourable Mr.Justice K.Surendra Mohan
Right to Information

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