Shaji Othayoth Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1009657
CourtKerala High Court
Decided OnDec-20-2012
JudgeHONOURABLE MR.JUSTICE P.BHAVADASAN
AppellantShaji Othayoth
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice p.bhavadasan thursday, the 20th day of december 2012 29th agrahayana 193 bail appl..no. 5892 of 2012 () ---------------------------- (crime no.726/2012 of kannur town police station, kannur district) ............. petitioner/accused(s): ---------------------------------------- shaji othayoth,, aged 4 years, s/o m.p. gangadharan, hindu religious, thiya caste residing at shaji nivas, macheri, ayyappan mala, p.o.eachur, kannur taluk, kannur district. by advs.sri.sunil nair palakkat sri.k.n.abhilash respondent/state & complainant: ------------------------------------------------------------ 1. state of kerala, represented by public prosecutor, high court of kerala, ernakulam 68 031.2. the station house officer, the kannur town police station, kannur district 67 001. *addl.r3 impleaded: r3. rejitha.e., d/o.p.v. karunakaran, residing at "vinayam", panniyoor po, poomangalam amsam, chavanapuzha desam, thaliparamba, kannur district ”141. (*addl.r3 is impleaded as per order dtd. 26/11/2012 in crl.m.a.no.7532/2012 in b.a.no.5892/12). r1 & r2 by public prosecutor sri.v.s.sreejith this bail application having come up for admission on 20-12-2012, the court on the same day passed the following: kss p.bhavadasan, j ----------------------------------------- b.a no.5892 of 2012 --------------------------------------------------- dated this the 20th day of december, 2012 order the petitioner is the accused in crime no.726/2012 of kannur town police station for having committed offence punishable under sections 463, 464, 468, 467, 474, 471 r/w section 34 of ipc.2. the petitioner would say that he is innocent and has been falsely implicated with ulterior motive. therefore he seeks pre-arrest bail.3. in this proceedings the petitioner has impleaded the defacto complainant and taken out notice to her. though notice was served, the defacto complainant has not entered appearance.4. considering the contentions raised by the petitioner, the petition is allowed as follows: i) the petitioner shall surrender before the investigating officer on or before 28.12.2012 who after interrogation shall produce him before the jfcm concerned and on an application for bail being moved by the petitioner, the learned magistrate shall release the petitioner on bail on his executing a bond for a sum of b.a no.5892 of 2012 :2. rs.10,000/- (rupees ten thousand only) with two solvent sureties for the like sum each to the satisfaction of the said court. ii) the learned magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail. iii) the petitioner shall appear before the investigating officer concerned for interrogation as and when required by him until further orders. iv) the petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. v) if any of the condition is violated, the bail granted shall stand cancelled and the jfcm concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law. p.bhavadasan judge ab
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 20TH DAY OF DECEMBER 2012 29TH AGRAHAYANA 193 Bail Appl..No. 5892 of 2012 () ---------------------------- (CRIME NO.726/2012 OF KANNUR TOWN POLICE STATION, KANNUR DISTRICT) ............. PETITIONER/ACCUSED(S): ---------------------------------------- SHAJI OTHAYOTH,, AGED 4 YEARS, S/O M.P. GANGADHARAN, HINDU RELIGIOUS, THIYA CASTE RESIDING AT SHAJI NIVAS, MACHERI, AYYAPPAN MALA, P.O.EACHUR, KANNUR TALUK, KANNUR DISTRICT. BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT/STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 68 031.

2. THE STATION HOUSE OFFICER, THE KANNUR TOWN POLICE STATION, KANNUR DISTRICT 67 001. *ADDL.R3 IMPLEADED: R3. REJITHA.E., D/O.P.V. KARUNAKARAN, RESIDING AT "VINAYAM", PANNIYOOR PO, POOMANGALAM AMSAM, CHAVANAPUZHA DESAM, THALIPARAMBA, KANNUR DISTRICT ”

141. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 26/11/2012 IN CRL.M.A.NO.7532/2012 IN B.A.NO.5892/12). R1 & R2 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J ----------------------------------------- B.A No.5892 of 2012 --------------------------------------------------- Dated this the 20th day of December, 2012 ORDER

The petitioner is the accused in Crime NO.726/2012 of Kannur Town Police Station for having committed offence punishable under Sections 463, 464, 468, 467, 474, 471 r/w Section 34 of IPC.

2. The petitioner would say that he is innocent and has been falsely implicated with ulterior motive. Therefore he seeks pre-arrest bail.

3. In this proceedings the petitioner has impleaded the defacto complainant and taken out notice to her. Though notice was served, the defacto complainant has not entered appearance.

4. Considering the contentions raised by the petitioner, the petition is allowed as follows: i) The petitioner shall surrender before the Investigating Officer on or before 28.12.2012 who after interrogation shall produce him before the JFCM concerned and on an application for bail being moved by the petitioner, the learned Magistrate shall release the petitioner on bail on his executing a bond for a sum of B.A No.5892 of 2012 :

2. Rs.10,000/- (Rupees ten thousand only) with two solvent sureties for the like sum each to the satisfaction of the said Court. ii) The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail. Iii) The petitioner shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. v) If any of the condition is violated, the bail granted shall stand cancelled and the JFCM concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law. P.BHAVADASAN Judge ab