Kerala Court October 2010 Judgments
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Sidhiqul Akbar S/O.Beerankunhu Vs. State of Kerala
Court: Kerala
Decided on: Oct-27-2010
O R D E R V. RAMKUMAR, J. .............................. B.A.No. 6135 of 2010 .......................................... Dated: 27th day of October, 2010 ORDER Petitioner, who is the 13th accused in Crime No.452/2008 of Pavaratty Police Station for offences punishable under Sections 120(b), 201, 153(A), 212 and 302 read with 34 I.P.C., seeks anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on 10.11.2010 or on 11.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced before the Magistrate who on being satisfied tha...
Nivi Deena Abraham Vs. Cippy.A. George and anr.
Court: Kerala
Decided on: Oct-27-2010
O R D E R THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).No.329 of 2010 --------------------------------------- Dated this 27th day of October, 2010 ORDER This petition is filed by the wife requesting transfer of cases to Family Court, Thiruvalla. She filed O.P.No.209 of 2010 in Family Court, Thiruvalla for dissolution of marriage for the reason that the marriage was solemnised within the local limits of that court. Later she filed O.P.No.1199 of 2010 against the respondents for recovery of money and other reliefs and M.C.No.369 of 2010 for maintenance against respondent No.1 in Family Court, Thrissur based on her place of residence at Ollukara Village in Thrissur District. Respondent No.1 has filed O.P.No.1630 of 2010 in Family Court, Ernakulam for restitution of conjugal rights. In the circumstances, petitioner would say that the cases may be transferred to Family Court, Thiruvalla. 2. Respondent No.1 who is working abroad, at a time he was at his native place ...
Ummar.K,s/O.Kunhahammed Vs. the District Collector and ors.
Court: Kerala
Decided on: Oct-27-2010
O R D E R ANTONY DOMINIC, J. ================ W.P.(C) NO. 31591 OF 2010 (Y) ===================== Dated this the 27th day of October, 2010 J U D G M E N T In this Writ Petition, the petitioner complains that his mini lorry bearing Regn.No.KL-10-AC/437 has been detained on the allegation that the vehicle was used for transportation of river sand in violation of the provisions contained in the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. According to the petitioner, though he has made application for interim custody of the vehicle, his application was not considered. With this grievance, this Writ Petition has been filed. 2. A Full Bench of this Court in Shan C.T. v. State of Kerala [2010(3)KHC 333] has laid down the manner in which such applications for interim custody should be dealt with. Therefore, all that is necessary in this Writ Petition is to direct that the statutory authority, before whom the application has been made, shall deal with the appl...
SalIn Raj, S/O.Thankaraj, S.S.Bhavan Vs. State of Kerala
Court: Kerala
Decided on: Oct-27-2010
O R D E R V. RAMKUMAR, J. ............................... B.A. No. 6692 of 2010 .......................................... Dated: 27th day of October, 2010 ORDER Petitioner, who is the 3rd accused in Crime No.530/2010 of Vellarada Police Station for offences punishable under Sections 341, 324 and 326 read with 34 I.P.C., seeks anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on 10.11.2010 or on 11.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. After interrogation, petitioner shall be produced before the Magistrate concerned who on being convinced th...
Lipin, S/O.Velayudhan and ors. Vs. State of Kerala
Court: Kerala
Decided on: Oct-27-2010
O R D E R V. RAMKUMAR, J. .............................. B.A.No. 6736 of 2010 .......................................... Dated: 27th day of October, 2010 ORDER Petitioners, who are accused Nos. 1 to 3 in Crime No.1252/2010 of Iringalakkuda Police Station for offences punishable under Sections 294(B), 506(1), Section 4 of Dowry Prohibition Act 1961 read with 34 I.P.C., seek anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioners to surrender before the Investigating Officer for the purpose of interrogation and then to have their application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioners shall surrender before the investigating officer on 10.11.2010 or on 11.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced before the ...
Shajudeen, S/O.Sainudheen Vs. the Sub Inspector of Police
Court: Kerala
Decided on: Oct-27-2010
O R D E R V. RAMKUMAR, J. .................................. Bail Application No. 6751 of 2010 ..................................................... Dated: 27th day of October, 2010 ORDER Petitioner, who is the 1st accused in Crime No.159/2010 of Peruvanthanam Police Station for offences punishable under Sections 341, 294(b) and 308 read with 34 IPC, seeks his enlargement on bail. The occurrence took place on 22.6.2010. The petitioner was arrested on 22.6.2010. 2. The learned Public Prosecutor opposed the application contending inter-alia that the petitioner had attempted to cause the death of the victim using an air pistol, that he is involved in 13 other cases including a murder case and that the present application has been filed at a time when the present case stands scheduled for trial before the Sessions Court. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative conduct of the parties, the extent of the injury...
Seetha Vs. Usha Kumari
Court: Kerala
Decided on: Oct-27-2010
O R D E R THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.472 of 2010 -------------------------------------- Dated this the 27th day of October, 2010. Petitioner is judgment debtor No.2 in E.P.No.244 of 2008 in O.S.No.289 of 1999 of the court of learned Sub Judge, Kollam. The decree for mesne profit is being executed against petitioner, as the learned counsel submits. 3 = cents of property belonging to the petitioner is being brought up for sale and the sale is scheduled to be held on 28.10.2010. Grievance of the petitioner is that the upset price fixed (Rs.1,40,000/-) by the executing court is meager considering actual value of the property which according to the petitioner is Rupees ten lakhs per cent. The amount due to the respondent as per decree is Rs.1,00,651/-. In the circumstances this petition. 2. Even as per the statement of petitioner it is based on the valuation certificate and encumbrance certificate produced by petitioner that executing court has ...
R.Jayan, S/O.P.Raveendran Nair Vs. P.Jayasree, D/O.M.G.Parameswara Pan ...
Court: Kerala
Decided on: Oct-27-2010
O R D E R R. BASANT & M.L. JOSEPH FRANCIS, JJ. ------------------------------------------------- Mat. Appeal No. 303 of 2009-C ------------------------------------------------- Dated this the 27th day of October, 2010 This appeal is preferred by the appellant - father of a minor female child aged above 7 years aggrieved by the rejection of his petition for custody of his daughter. When the appeal was filed, the child was in the custody of the original respondent i.e., the mother of the child. During the pendency of this appeal, the mother of the child expired and the child continued to be in the custody of the additional 2nd respondent i.e., the maternal grandfather of the child. Interim arrangements regarding custody were sought and this Court by order dated 18/8/09 as modified by order dated 30/9/09 has made arrangements to ensure the visitorial rights of the appellant i.e., the father of the child. That arrangement has been continuing in force. Directions were issued from time to t...
Suresh Kumar @ Saji Vs. State of Kerala
Court: Kerala
Decided on: Oct-27-2010
O R D E R V. RAMKUMAR, J. .................................. Bail Application No. 6827 of 2010 ..................................................... Dated: 27th day of October, 2010 ORDER Petitioner, who is the sole accused in Crime No.769/2010 of Thenmala Police Station for an offence punishable under Section 306 IPC, seeks his enlargement on bail. The occurrence took place on 04.10.2010. The petitioner was arrested on 19.10.2010. 2. The learned Public Prosecutor opposed the application contending inter-alia that the petitioner, who was masquerading as a true lover of the 26 year old Rejani and who was carrying on with her, later backed out from his promise to marry her and demanded dowry. The jilted lover put an end to her life by setting herself ablaze. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative conduct of the parties, the extent of the injury sustained, the propensities of the petitioner, the sentiments...
Muhammed Kunhi.K.M, Aged 36 Years Vs. the State of Kerala
Court: Kerala
Decided on: Oct-27-2010
O R D E R V. RAMKUMAR, J. .............................. B.A.No. 6737 of 2010 .......................................... Dated: 27th day of October, 2010 ORDER Petitioner, who is the sole accused in Crime No.714/2010 of Bekal Police Station for an offence punishable under Section 328 I.P.C., seeks anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on 10.11.2010 or on 11.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced before the Magistrate who on being satisfied that the petitioner has been interrogated by the...
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