Skip to content


Viswanathan Nair Vs. Sub Inspctor of Police, Valiyathura Police Station - Court Judgment

SooperKanoon Citation

Court

Kerala High Court

Decided On

Judge

Appellant

Viswanathan Nair

Respondent

Sub Inspctor of Police, Valiyathura Police Station

Excerpt:


.....surrender, the petitioner shall be released, if not required to be detained otherwise on bail on his executing bond for rs.20,000/- (rupees twenty 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) one of the sureties shall be a close relative of the petitioner. (b) petitioner shall report to the officers investigating the cases if and when required for interrogation. (c) petitioner shall not get involved in any offence during the period of this bail. (d) petitioner shall not intimidate or influence the witnesses. (iv) in case the petitioner violates any of conditions (b) b.a. nos.3940 & 3942 of 2014 -:3. :- to (d), it is open to the investigating officer to move the learned magistrate for cancellation of the bail as held in p.k.shaji v. state of kerala (air2006sc100. it is made clear that in case petitioner does not surrender before the learned magistrate as directed above, this order granting bail will cease to be effective on the expiry of the time granted hereby. thomas p.joseph, judge. vsv

Judgment:


IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE12H DAY OF JUNE201422ND JYAISHTA, 1936 BAIL APPL..NO. 3940 OF2014() ---------------------------------------------- CRIME NO. 966/2013 OF VALIYATHURA POLICE STATION , THIRUVANANDAPURAM PETITIONER(S)/IST ACCUSED: --------------------------------------------- VISWANATHAN NAIR AGED61YEARS S/OL.JANARDHANAN PILLAI, RESIDING ATY ASWATHY TC192323(1), THIRUVANANTHAPURAM MANAGER-DEPOT(NOW RETIRED)FCI, VALIYATHURA THIRUVANANTHAPURAM BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENT(S)/STATE: ------------------------------------ 1. SUB INSPCTOR OF POLICE, VALIYATHURA POLICE STATION THIRUVANANTHAPURAM695001.

2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM682031 BY PUBLIC PROSECUTOR SHRI V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ALONG WITH B.A.NO.3942 OF2014ON1206-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J.

==================================== B.A. Nos.3940 & 3942 of 2014 ==================================== Dated this the 12th day of June, 2014 ORDER

Petitioner is accused in Crime Nos.966 and 965 of 2014, respectively of the Valiyathura Police Station for various offences under the Indian Penal Code and the Kerala Police Act.

2. It is stated that when the Food Safety Officers attempted to inspect godown of the FCI, there was a clash. Consequently the aforesaid cases are registered. To some of the accused involved in the aforesaid crime cases, this Court has granted relief.

3. Learned Public prosecutor has submitted that in Crime No.965 of 2013 final report is filed in the court of learned Judicial First Class Magistrate-II, Thiruvananthapuram on 01.04.2014 and the case is taken on file as C.C. No.1562 of 2014. In Crime No.966 of 2013, final report is filed in the same court on 31.03.2014 and the case is taken on file as C.C. No.1561 of 2014.

4. In the light of the earlier orders this Court has passed and as final reports are filed, custody of the petitioner is not required. Hence I am inclined to grant relief. B.A. Nos.3940 & 3942 of 2014 -:

2. :- Applications are allowed as under: (i) Petitioner is granted bail in Crime Nos.965 and 966 of 2013 of the Valiyathura Police Station. (ii) Petitioner shall surrender before the learned Judicial First Class Magistrate-II, Thiruvananthapuram in the aforesaid crime cases on or before 20.06.2014. (iii) On such surrender, the petitioner shall be released, if not required to be detained otherwise on bail on his executing bond for Rs.20,000/- (Rupees twenty 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) One of the sureties shall be a close relative of the petitioner. (b) Petitioner shall report to the officers investigating the cases if and when required for interrogation. (c) Petitioner shall not get involved in any offence during the period of this bail. (d) Petitioner shall not intimidate or influence the witnesses. (iv) In case the petitioner violates any of conditions (b) B.A. Nos.3940 & 3942 of 2014 -:

3. :- to (d), it is open to the investigating Officer to move the learned magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR2006SC100. It is made clear that in case petitioner does not surrender before the learned magistrate as directed above, this order granting bail will cease to be effective on the expiry of the time granted hereby. THOMAS P.JOSEPH, JUDGE. vsv


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //