Behja and Another Vs. Shaji

Behja and Another vs Shaji

Type Court Judgment Court Kerala Decided Feb 05, 2014

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https://sooperkanoon.com/case/1130452

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Citation: sooperkanoon.com/1130452
Court: Kerala High Court
Judge: Honourable Mr.Justice Harun-Ul-Rashid
Decided On: Feb 05, 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

Behja and Another

Respondent

Shaji

Excerpt

.....the accused shall be produced before the learned magistrate. when applied for bail by the accused, the learned magistrate will, considering the peculiar circumstances of the case, grant bail to the petitioners but on the following conditions: a. the accused shall execute a bond for rs.20,000/- (rupees twenty thousand only) each 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 b.a. no.785 of 2014 -:3. :- 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 accused shall not leave the state of kerala without permission of the court. f. 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, j udge. //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. 785 of 2014 () ------------------------------ CRMC1012014 of SESSIONS COURT, THRISSUR CRIME NO. 98/2014 OF IRINJALAKUDA POLICE STATION, TRISSUR ---------------- PETITIONER/ACCUSED1TO3:- ------------------------------- 1. ROY VARGHEESE, AGED36YEARS S/O.VARGHESE, INIKKATTIL HOUSE, PULLUR URAKAM DESOM MANAVALASSERY VILLAGE, THRISSUR DISTRICT2 DILRAJ AGED35YEARS S/O.DHARMARAJA, THAZHATHPURAKKAL HOUSE PULLUR URAKAM DESOM, MANAVALASSERY VILLAGE THRISSUR DISTRICT3 JIJU AGED30YEARS S/O.VIJAYAN, NARYATTIL HOUSE, PULLUR URAKAM DESOM MANAVALASSERY VILLAGE, THRISSUR DISTRICT BY ADV. SRI.RAJESH CHAKYAT RESPONDENT/COMPLAINANT :- --------------------------- THE SUB INSPECTOR OF POLICE, IRINJALAKUDA THRISSUR DISTRICT REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN 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.785 of 2014 ------------------------------ Dated this the 5th day of February 2014 ORDER

Petitioners are accused Nos.1, 2 and 4 in Crime No.98/2014 of Irinjalakuda Police Station. The offences alleged against them and other accused are punishable under Secs.452, 354, 341 and 323 r/w 34 IPC. The application is for anticipatory bail.

2. It is alleged that the accused trespassed into the chicken farm run by the complainant and her husband and from there all the accused persons attacked the complainant's husband and when the complainant tried to intervene, the accused attacked her and they also outraged her modesty by tearing the nighty worn by her. The incident took place on 12.1.2014 at 5 PM.

3. It is submitted by the learned counsel for the petitioners that the marriage of the 3rd petitioner is fixed to be solemnized on 9.2.2014. It is further submitted that they went to that chicken farm/stall for arranging purchase of chicken for the marriage and that there was only wordy altercation. B.A. No.785 of 2014 -:

2. :- 4. 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, considering the peculiar circumstances of the case, grant bail to the petitioners but on the following conditions: a. The accused shall execute a bond for Rs.20,000/- (Rupees Twenty thousand only) each 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 B.A. No.785 of 2014 -:

3. :- 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 accused shall not leave the State of Kerala without permission of the court. f. 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, J UDGE. //True Copy// P.A. To Judge Jvt

Same Court & Year Kerala · 2014 Same Parties Behja and Another vs Shaji Same Subject Land Acquisition Same Judge Honourable Mr.Justice Harun-Ul-Rashid