Kerala Court October 2010 Judgments
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K.Anandan Vs. the State of Kerala
Court: Kerala
Decided on: Oct-26-2010
O R D E R V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No. 6539 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - DATED: 26th day of October, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in C.R.No. 53 of 2010 of Hosdurg Excise Range for offences punishable under Secs. 8(1) and (2) of the Abkari Act for having been found in possession of 5 litres of arrack, seeks his enlargement on bail.Petitioner was arrested on 02.10.2010. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail w.e.f. 08.11.2010 on his executing a bond for Rs.35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the lik...
RekhA.G Vs. the Traco Cable Co. Ltd.
Court: Kerala
Decided on: Oct-26-2010
O R D E R S.SIRI JAGAN, J. ================== W.P.(C).No.12337 of 2006 ================== Dated this the 26th day of October, 2010 J U D G M E N T In this writ petition the petitioner and the 4th respondent, who are employees of the 1st respondent company, vie with each other for the post of Confidential Assistant to the Managing Director of the company. That post is a promotion post from the post of Steno Typist Grade I. The petitioner entered service as per Ext.P1 order of appointment on 1.10.1994 as Typist. Her services were regularised by Ext.P3 order dated 6.4.1995. She was further promoted as Steno Typist Grade II by Ext.P5 order with effect from 1.1.1998. While so, the petitioner was again promoted as Steno Typist Grade I by Ext.P12 order with effect from 1.3.2001. 2. The 4th respondent was a PSC recruit. She was appointed in the Thiruvalla unit as a Steno Typist Grade II on 27.1.1993. She was temporarily transferred to Irumpanam unit with effect from 21.6.1997 by Ext.P7. By Ex...
Sasi Mony Vs. Sub-inspector of Police
Court: Kerala
Decided on: Oct-26-2010
O R D E R V. RAMKUMAR, J. ......................................... B.A. No.6630 of 2010 .......................................... Dated: 26.10.2010 ORDER Petitioner, who is the 3rd accused in Crime No.408 of 2010 of Ramapuram Police Station for offences punishable under Sections 406,420 and 120B read with 34 I.P.C and Sections 11 and 17 of the Money Lenders Act, 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 11.11.2010 or on 12.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced before the Magistra...
Akhil,s/O.Mathai,neelangal House. Vs. State Rep.by Sub Inspector of Po ...
Court: Kerala
Decided on: Oct-26-2010
1. Petitioner who is the sole accused in Crime No. 695 of 2010 of Bathery Police Station, Wayanad for an offence punishable under Sec. 326 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 11-11-2010 or 12-11- 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 police shall consider and dispose of his application for regular bail preferably on the same date on which it is filed.This petition is disposed of as ...
K.N.Krishnakumar, S/O.Neelakandan Nair Vs. State of Kerala
Court: Kerala
Decided on: Oct-26-2010
O R D E R V. RAMKUMAR, J. ......................................... B.A. No.6662 of 2010 .......................................... Dated: 26.10.2010 ORDER Petitioner, who is the 1st accused in Crime No.1403 of 2010 of Cheranelloor Police Station for offences punishable under Sections 323,324 and 308 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 11.11.2010 or on 12.11.2010 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...
Antony, S/O. Joseph Vs. Ouseph,s/O. Abraham
Court: Kerala
Decided on: Oct-26-2010
O R D E R THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.469 of 2010 --------------------------------------- Dated this 27th day of October, 2010 Respondents in A.S.No.109 of 2008 of the court of learned District Judge, Thrissur is the petitioner before me challenging Ext.P6, order on I.A.No.995 of 2008 condoning the delay of 439 days in preferring that appeal. The appeal is directed against ex parte judgment and decree in O.S.No.747 of 2005 of the court of learned Munsiff, Thrissur. Petitioner has a decree for specific performance of the agreement for sale of property in his favour. The suit was decided ex parte in favour of petitioner on 27-01- 2007. That was followed by petitioner filing I.A.No.5283 of 2007 to execute the sale deed. On that application respondents appeared and learned Munsiff directed execution of the sale deed. Learned counsel states that the sale deed has already been engrossed on the stamp paper. While so, respondents filed I.A.No.109 of ...
Thomson C.Varghese,manager Vs. State of Kerala
Court: Kerala
Decided on: Oct-26-2010
O R D E R K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.31332 of 2010 --------------------------------------------- Dated this the 20th day of October, 2010 The petitioner states that she is working as LG (Arabic) Teacher in Vasudeva Vilasom U.P. School, Kothaparambu from 2.6.2008. She was appointed against the retirement vacancy of A.M.Arifa, who retired from the school on 31.3.2008 while working as LG (Arabic). In Exhibit P1 appointment order, it is stated that the petitioner is appointed as UPSA. According to the petitioner, this is a clerical mistake. The petitioner relies on Exhibit P2 Joining Report, which indicates that she joined duty as Arabic Teacher. 2. The proposal for approving the appointment of the petitioner was rejected by the Assistant Educational Officer, as per Exhibit P3 order. The Manager filed appeal before the District Educational Officer, which was dismissed as per Exhibit P5 order dated 22.1.2009. The Manager filed a revision befo...
Vishu Sathyan, S/O. Sathyan. Vs. State of KeralA.
Court: Kerala
Decided on: Oct-26-2010
1. Petitioner, who is the 4th accused in Crime No.1096/2010 of Parippally Police Station for offences punishable under Sections 341, 332, 354 and 427 read with 34 IPC and Section 3(2)(e) of PDPP Act, 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 11.11.2010 or on 12.11.2010 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 that the petitioner has been interrogated by the police, shall release the petitioner on bail on the petitioner executing a bon...
Sreenath,aged 34 Years, Vs. Roshan Mohanan, Aged 25 Years.
Court: Kerala
Decided on: Oct-26-2010
1. The learned counsel for the petitioner/appellant submits that the counsel has no instructions. The counsel is unable to state whether the matter has actually been settled. The counsel, in these circumstances, submits that appropriate orders may be passed. 2. There is a delay of 287 days in filing the Matrimonial Appeal. A petition for restitution of conjugal rights stood dismissed and the appeal is directed against that order. The respondent has sent a telegram to convey that the matter has been settled at the Delhi High Court Mediation Centre, as per the directions issued by the Supreme Court. The counsel for the petitioner/appellant was requested to take instructions. It is at this juncture that the counsel reports that he has no instructions. 3. We are satisfied that the petitioner/appellant is not interested in prosecuting the petition for condonation of delay and the Matrimonial Appeal. C.M.Appl.No.852 of 2010 & Mat.Appeal No.269 of 2010.4. The petition for condonation of delay...
Shijin, 20 Years, S/O.Alexander and ors. Vs. State of Kerala
Court: Kerala
Decided on: Oct-26-2010
O R D E R V. RAMKUMAR, J. ............................. B.A. No. 6656 of 2010 .......................................... Dated: 26th day of October, 2010 ORDER 1. Petitioners, who are accused Nos. 1 to 3 in Cr.No.1333/2010 of Kottiyam Police Station for offences punishable under Sections 143, 144, 147, 148, 323, 324 and 326 read with 149 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 11.11.2010 or on 12.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced before the Magistrate who on being...
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