| SooperKanoon Citation | sooperkanoon.com/1014313 |
| Court | Kerala High Court |
| Decided On | Jan-21-2013 |
| Judge | HONOURABLE MR.JUSTICE P.BHAVADASAN |
| Appellant | Sajeev.P. |
| Respondent | Sub Inspector of Police |
Notice (8): Undefined variable: kword [APP/View/Case/amp.ctp, line 123]Code Context}//highest occurence of word in the judgementecho $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p style='text-align: justify;'>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p style='text-align: justify;'>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p style='text-align: justify;'>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p style='text-align: justify;'> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p style='text-align: justify;'>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p style='text-align: justify;'>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p style='text-align: justify;'>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p style='text-align: justify;'>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'sajeev-p-vs-sub-inspector-police', 'args' => array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) ) $title_for_layout = 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'sajeev-p-vs-sub-inspector-police' $args = array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) $url = 'https://sooperkanoon.com/case/amp/1014313/sajeev-p-vs-sub-inspector-police' $ctype = ' High Court'include - APP/View/Case/amp.ctp, line 123 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 123]in the high court of kerala at ernakulam present: the honourable mr.justice p.bhavadasan monday, the 21st day of january 2013 1st magha 193 bail appl..no. 255 of 2013 () -------------------------------------- crime no. 209/2012 of kakkur police station , kozhikode ........ accused(s)/accused: ------------------------------------ 1. sajeev.p. aged 3 years s/o.chandrasekharan,moroth house,karuvassery kozhikode-673 010.2. viswanathan.m. aged 4 years s/o.chandran,moonnam kuttiyil house,karuvassery kozhikode-673 010. by advs.sri.p.v.kunhikrishnan sri.p.v.anoop respondent(s)/complainant and state: ------------------------------------------------------------------ 1. sub inspector of police, kakkur police station,kozhikode-673 013.2. state of kerala, represented by public prosecutor high court.....Code Context}//highest occurence of word in the judgementecho $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p style='text-align: justify;'>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p style='text-align: justify;'>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p style='text-align: justify;'>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p style='text-align: justify;'> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p style='text-align: justify;'>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p style='text-align: justify;'>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p style='text-align: justify;'>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p style='text-align: justify;'>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'sajeev-p-vs-sub-inspector-police', 'args' => array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) ) $title_for_layout = 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'sajeev-p-vs-sub-inspector-police' $args = array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) $url = 'https://sooperkanoon.com/case/amp/1014313/sajeev-p-vs-sub-inspector-police' $ctype = ' High Court'include - APP/View/Case/amp.ctp, line 123 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p style='text-align: justify;'>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p style='text-align: justify;'>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p style='text-align: justify;'>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p style='text-align: justify;'> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p style='text-align: justify;'>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p style='text-align: justify;'>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p style='text-align: justify;'>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p style='text-align: justify;'>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'sajeev-p-vs-sub-inspector-police', 'args' => array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) ) $title_for_layout = 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'sajeev-p-vs-sub-inspector-police' $args = array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) $url = 'https://sooperkanoon.com/case/amp/1014313/sajeev-p-vs-sub-inspector-police' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.', (int) 1 => '<p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.', (int) 2 => '<p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 ', (int) 3 => 'ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.', (int) 4 => '<p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.', (int) 5 => '<p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.', (int) 6 => '<p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :', (int) 7 => '<p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.', (int) 8 => '<p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :', (int) 9 => '<p>3. iv) The petitioners 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' ) $paragraphAfter = (int) 1 $cnt = (int) 10 $i = (int) 0include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p style='text-align: justify;'>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p style='text-align: justify;'>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p style='text-align: justify;'>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p style='text-align: justify;'> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p style='text-align: justify;'>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p style='text-align: justify;'>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p style='text-align: justify;'>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p style='text-align: justify;'>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'sajeev-p-vs-sub-inspector-police', 'args' => array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) ) $title_for_layout = 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'sajeev-p-vs-sub-inspector-police' $args = array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) $url = 'https://sooperkanoon.com/case/amp/1014313/sajeev-p-vs-sub-inspector-police' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.', (int) 1 => '<p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.', (int) 2 => '<p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 ', (int) 3 => 'ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.', (int) 4 => '<p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.', (int) 5 => '<p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.', (int) 6 => '<p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :', (int) 7 => '<p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.', (int) 8 => '<p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :', (int) 9 => '<p>3. iv) The petitioners 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' ) $paragraphAfter = (int) 1 $cnt = (int) 10 $i = (int) 1include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p style='text-align: justify;'>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p style='text-align: justify;'>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p style='text-align: justify;'>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p style='text-align: justify;'> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p style='text-align: justify;'>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p style='text-align: justify;'>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p style='text-align: justify;'>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p style='text-align: justify;'>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'sajeev-p-vs-sub-inspector-police', 'args' => array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) ) $title_for_layout = 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'sajeev-p-vs-sub-inspector-police' $args = array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) $url = 'https://sooperkanoon.com/case/amp/1014313/sajeev-p-vs-sub-inspector-police' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.', (int) 1 => '<p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.', (int) 2 => '<p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 ', (int) 3 => 'ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.', (int) 4 => '<p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.', (int) 5 => '<p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.', (int) 6 => '<p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :', (int) 7 => '<p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.', (int) 8 => '<p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :', (int) 9 => '<p>3. iv) The petitioners 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' ) $paragraphAfter = (int) 1 $cnt = (int) 10 $i = (int) 2include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]ORDERCode Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p style='text-align: justify;'>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p style='text-align: justify;'>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p style='text-align: justify;'>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p style='text-align: justify;'> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p style='text-align: justify;'>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p style='text-align: justify;'>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p style='text-align: justify;'>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p style='text-align: justify;'>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'sajeev-p-vs-sub-inspector-police', 'args' => array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) ) $title_for_layout = 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'sajeev-p-vs-sub-inspector-police' $args = array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) $url = 'https://sooperkanoon.com/case/amp/1014313/sajeev-p-vs-sub-inspector-police' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.', (int) 1 => '<p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.', (int) 2 => '<p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 ', (int) 3 => 'ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.', (int) 4 => '<p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.', (int) 5 => '<p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.', (int) 6 => '<p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :', (int) 7 => '<p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.', (int) 8 => '<p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :', (int) 9 => '<p>3. iv) The petitioners 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' ) $paragraphAfter = (int) 1 $cnt = (int) 10 $i = (int) 3include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p style='text-align: justify;'>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p style='text-align: justify;'>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p style='text-align: justify;'>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p style='text-align: justify;'> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p style='text-align: justify;'>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p style='text-align: justify;'>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p style='text-align: justify;'>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p style='text-align: justify;'>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'sajeev-p-vs-sub-inspector-police', 'args' => array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) ) $title_for_layout = 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'sajeev-p-vs-sub-inspector-police' $args = array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) $url = 'https://sooperkanoon.com/case/amp/1014313/sajeev-p-vs-sub-inspector-police' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.', (int) 1 => '<p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.', (int) 2 => '<p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 ', (int) 3 => 'ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.', (int) 4 => '<p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.', (int) 5 => '<p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.', (int) 6 => '<p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :', (int) 7 => '<p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.', (int) 8 => '<p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :', (int) 9 => '<p>3. iv) The petitioners 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' ) $paragraphAfter = (int) 1 $cnt = (int) 10 $i = (int) 4include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p style='text-align: justify;'>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p style='text-align: justify;'>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p style='text-align: justify;'>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p style='text-align: justify;'> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p style='text-align: justify;'>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p style='text-align: justify;'>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p style='text-align: justify;'>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p style='text-align: justify;'>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'sajeev-p-vs-sub-inspector-police', 'args' => array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) ) $title_for_layout = 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'sajeev-p-vs-sub-inspector-police' $args = array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) $url = 'https://sooperkanoon.com/case/amp/1014313/sajeev-p-vs-sub-inspector-police' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.', (int) 1 => '<p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.', (int) 2 => '<p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 ', (int) 3 => 'ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.', (int) 4 => '<p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.', (int) 5 => '<p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.', (int) 6 => '<p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :', (int) 7 => '<p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.', (int) 8 => '<p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :', (int) 9 => '<p>3. iv) The petitioners 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' ) $paragraphAfter = (int) 1 $cnt = (int) 10 $i = (int) 5include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p style='text-align: justify;'>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p style='text-align: justify;'>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p style='text-align: justify;'>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p style='text-align: justify;'> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p style='text-align: justify;'>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p style='text-align: justify;'>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p style='text-align: justify;'>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p style='text-align: justify;'>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'sajeev-p-vs-sub-inspector-police', 'args' => array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) ) $title_for_layout = 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'sajeev-p-vs-sub-inspector-police' $args = array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) $url = 'https://sooperkanoon.com/case/amp/1014313/sajeev-p-vs-sub-inspector-police' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.', (int) 1 => '<p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.', (int) 2 => '<p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 ', (int) 3 => 'ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.', (int) 4 => '<p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.', (int) 5 => '<p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.', (int) 6 => '<p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :', (int) 7 => '<p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.', (int) 8 => '<p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :', (int) 9 => '<p>3. iv) The petitioners 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' ) $paragraphAfter = (int) 1 $cnt = (int) 10 $i = (int) 6include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
4. The learned Public Prosecutor made available the B.A No.255 of 2013 :
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p style='text-align: justify;'>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p style='text-align: justify;'>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p style='text-align: justify;'>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p style='text-align: justify;'> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p style='text-align: justify;'>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p style='text-align: justify;'>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p style='text-align: justify;'>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p style='text-align: justify;'>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'sajeev-p-vs-sub-inspector-police', 'args' => array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) ) $title_for_layout = 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'sajeev-p-vs-sub-inspector-police' $args = array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) $url = 'https://sooperkanoon.com/case/amp/1014313/sajeev-p-vs-sub-inspector-police' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.', (int) 1 => '<p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.', (int) 2 => '<p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 ', (int) 3 => 'ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.', (int) 4 => '<p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.', (int) 5 => '<p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.', (int) 6 => '<p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :', (int) 7 => '<p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.', (int) 8 => '<p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :', (int) 9 => '<p>3. iv) The petitioners 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' ) $paragraphAfter = (int) 1 $cnt = (int) 10 $i = (int) 7include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p style='text-align: justify;'>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p style='text-align: justify;'>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p style='text-align: justify;'>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p style='text-align: justify;'> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p style='text-align: justify;'>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p style='text-align: justify;'>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p style='text-align: justify;'>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p style='text-align: justify;'>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'sajeev-p-vs-sub-inspector-police', 'args' => array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) ) $title_for_layout = 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'sajeev-p-vs-sub-inspector-police' $args = array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) $url = 'https://sooperkanoon.com/case/amp/1014313/sajeev-p-vs-sub-inspector-police' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.', (int) 1 => '<p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.', (int) 2 => '<p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 ', (int) 3 => 'ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.', (int) 4 => '<p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.', (int) 5 => '<p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.', (int) 6 => '<p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :', (int) 7 => '<p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.', (int) 8 => '<p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :', (int) 9 => '<p>3. iv) The petitioners 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' ) $paragraphAfter = (int) 1 $cnt = (int) 10 $i = (int) 8include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');}echo html_entity_decode($this->Wand->highlight($content[$i], $query));$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p style='text-align: justify;'>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p style='text-align: justify;'>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p style='text-align: justify;'>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p style='text-align: justify;'> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p style='text-align: justify;'>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p style='text-align: justify;'>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p style='text-align: justify;'>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p style='text-align: justify;'>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ), 'casename_url' => 'sajeev-p-vs-sub-inspector-police', 'args' => array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) ) $title_for_layout = 'Sajeev P Vs Sub Inspector of Police - Citation 1014313 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '1014313', 'acts' => null, 'appealno' => null, 'appellant' => 'Sajeev.P.', 'authreffered' => null, 'casename' => 'Sajeev.P. Vs. Sub Inspector of Police', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'Kerala', 'court_type' => 'HC', 'decidedon' => '2013-01-21', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => 'HONOURABLE MR.JUSTICE P.BHAVADASAN', 'judgement' => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.</p><p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.</p><p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 </p>ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.</p><p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.</p><p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.</p><p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :</p><p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.</p><p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :</p><p>3. iv) The petitioners 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', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Sub Inspector of Police', 'sub' => null, 'link' => null, 'circuit' => null ) ) $casename_url = 'sajeev-p-vs-sub-inspector-police' $args = array( (int) 0 => '1014313', (int) 1 => 'sajeev-p-vs-sub-inspector-police' ) $url = 'https://sooperkanoon.com/case/amp/1014313/sajeev-p-vs-sub-inspector-police' $ctype = ' High Court' $content = array( (int) 0 => '<p>IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 21ST DAY OF JANUARY 2013 1ST MAGHA 193 Bail Appl..No. 255 of 2013 () -------------------------------------- CRIME NO. 209/2012 OF KAKKUR POLICE STATION , KOZHIKODE ........ ACCUSED(S)/ACCUSED: ------------------------------------ 1. SAJEEV.P. AGED 3 YEARS S/O.CHANDRASEKHARAN,MOROTH HOUSE,KARUVASSERY KOZHIKODE-673 010.', (int) 1 => '<p>2. VISWANATHAN.M. AGED 4 YEARS S/O.CHANDRAN,MOONNAM KUTTIYIL HOUSE,KARUVASSERY KOZHIKODE-673 010. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT(S)/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION,KOZHIKODE-673 013.', (int) 2 => '<p>2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.255 of 2013 --------------------------------------------------- Dated this the 21st day of January, 2013 ', (int) 3 => 'ORDER<p> The petitioners are accused Nos.1 and 2 in Crime No.209/2012 of Kakkur Police Station for having committed offence punishable under Section 5 of Explosive Substances Act.', (int) 4 => '<p>2. On 25.9.2012 at about 11.30 am. 50 Kg. of Ammonium Nitrate along with fuse wire were seized from the granite quarry in Kakkur. Initially a person by name Krishnan Kutty was arrested under the Explosive Act on the allegation that he had stored the article and was released on bail. Three months thereafter, the petitioners would pointed out that, without any provocation offences under the Explosive Substances Act were added and the petitioners were arrayed as 1st and 2nd accused and the Krishnan Kutty as the 3rd accused.', (int) 5 => '<p>3. The petitioners pointed out that they are the members of the Society, which is engaged in quarrying and the Society has got the necessary license to procure and store explosives.', (int) 6 => '<p>4. The learned Public Prosecutor made available the B.A No.255 of 2013 :', (int) 7 => '<p>2. records for perusal. There seems some substances in the complaint laid by the petitioners. Of course, it is stated in the letter communicated to Sub Inspector from the Ministry concerned that license holder is Sri.P.T. Mohammed for and on behalf of the Society and the Society has not so far distributed the articles to quarry owners. But the fact remains that the petitioners are members of the Society and they are entitled to engage in quarrying.', (int) 8 => '<p>5. Considering the facts and circumstance, it is felt that it is this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioners. Accordingly, the petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.15,000/- (Rupees fifteen 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 petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. B.A No.255 of 2013 :', (int) 9 => '<p>3. iv) The petitioners 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' ) $paragraphAfter = (int) 1 $cnt = (int) 10 $i = (int) 9include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
3. iv) The petitioners 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