Kerala Court October 2010 Judgments
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Lalu.C.V., S/O. Pokkan, Vs. the Station House Officer
Court: Kerala
Decided on: Oct-26-2010
O R D E R V. RAMKUMAR, J. ................................... Bail Application No. 6727 2010 ..................................................... Dated: 26th day of October, 2010 ORDER 1. Petitioner, who is the sole accused in Crime No.435 of 2010 of Kuttiadi Police Station for offences punishable under Sections 495, 420 and 376 I.P.C., seeks his enlargement on bail. The occurrence took place on 29.11.2009.The petitioner was arrested on 17.9.2010. 2. The learned Public Prosecutor opposed the application contending that the petitioner, who is a married and having two children was apprehended towards the 24 year old victim that he was unmarried and he garlanded her from an isolated temple and they were living as husband and wife and it was only subsequently that the girl came to know that the petitioner is a married man and she became pregnant. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative conduct of the partie...
Sukumaran, S/O.Kunjanpanickan and ors. Vs. State of Kerala
Court: Kerala
Decided on: Oct-26-2010
O R D E R V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6220 of 2010 ------------------------------------------------ Dated this the 26th day of October, 2010 ORDER 1. In this Petition filed under Section 439 Cr.P.C. the petitioners who are accused Nos.1 to 3 in Crime No.984 of 2010 of Oachira Police Station for offences punishable under Sections 55(a) & (i) of the Abkari Act for having been found in possession of 75.75 litres of Indian Made Foreign Liquor, seek their enlargement on bail. The petitioners were arrested on 23/9/2010. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioners and the other circumstances of the case etc., I am inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on bail with effect from 06/11/2010 on each of them executing a bond for Rs.3...
Sabu John Vs. State of Kerala
Court: Kerala
Decided on: Oct-26-2010
O R D E R V. RAMKUMAR, J. .............................. B.A. No. 6703 of 2010 ......................................... Dated: 26th day of October, 2010 O R D E R In this Petition filed under Sec. 438 Cr.P.C. the petitioner who is the sole accused in Crime No.441/2010 of Koothattukulam Police Station for an offence punishable under Section 498(A) I.P.C., seeks anticipatory bail. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the allegations levelled against the petitioner, the relative conduct of the parties, the nature of the injury sustained and the other circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release the petitioner on bail for a period of one month in the event of his arrest in connection with the above case on his executing a bond for Rs.25,000/- (Rupees twenty five t...
Amardeep, S/O.Sidharthan Vs. the Sub Inspector of Police
Court: Kerala
Decided on: Oct-26-2010
O R D E R V. RAMKUMAR, J. ......................................... B.A. No.6728 of 2010 .......................................... Dated: 26.10.2010 ORDER Petitioner, who is the sole accused in Crime No.582/2010 of Pavaratty Police Station for an offence punishable under Section 52A read with 68A of Copy Right 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 th...
Biju, S/O.Kuttappan @ Anthrayose, Vs. Sub Inspector of Police
Court: Kerala
Decided on: Oct-26-2010
O R D E R V. RAMKUMAR, J. ......................................... B.A. No.6687 of 2010 .......................................... Dated: 26.10.2010 ORDER Petitioner, who is the sole accused in Crime No.683/2010 of Kumily Police Station for offences punishable under Sections 452,354,323 and 506(1) 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. The petitioner shall thereafter be produced before the Magistrate who on being satisfied that the petitioner has been inte...
Beena, W/O.Nalakath Faisal. Vs. Ali Jaffer, S/O.Nalakath Late Abdul, a ...
Court: Kerala
Decided on: Oct-26-2010
1. This petition is filed by the judgment debtor in E.P.No. 359 of 2009 in O.S.No.19 o 2008 of the court of taught Sub Judge, Irinjalakkuda. That is a suit filed by the respondents for specific performance of an agreement for sale. The matter was settled in Adalath as per which petitioner had to pay the amount due to the respondents with interest. On account of non-payment of the entire amount, respondents filed E.P.No.359 of 2009 and property of petitioner has been brought up for sale. Though several grounds are urged in this petition now the request is only for some time to pay the amount due under the decree. Learned counsel seeks six (6) months' time to discharge the liability. 2. Having regard to the facts and circumstances I am inclined to grant four (4) months' time from 20.11.2010 to the petitioner to discharge liability subject to condition. Resultantly this petition is disposed of in the following lines: i. Petitioner is granted four (4) months' time from 20.11.2010 to pay th...
Rajamma,w/O.Prasad, Plavilapadijattathil Vs. State of Kerala
Court: Kerala
Decided on: Oct-26-2010
O R D E R V.K.MOHANAN, J. ------------------------------- Crl.Appeal No.2002 of 2010. ------------------------------- Dated this the 26th day of October, 2010. J U D G M E N T The appellants are sureties for the 1st accused in S.C.No.1424/08 of the Court of Assistant Sessions Judge, Kottarakara. As the accused for whom the appellants stood as sureties, subsequently jumped over the bail condition and consequently the trial court initiated proceedings u/s.446 of Cr.P.C. against the appellants and finally by an order dated 30.9.2008 in M.C.No.15/08, each of the appellants are directed to pay a penalty of Rs.10,000/-. It is the above order challenged in this appeal. 2. The learned counsel for the appellant submitted that the 1st accused for whom the appellants stood as sureties have subsequently appeared before the trial court and the trial against the said accused is in progress in S.C.No.148/09 in the trial court. Therefore, the learned counsel submitted that a lenient view may be taken...
Abdul Lejeesh, Manchappullil House Vs. State of Kerala
Court: Kerala
Decided on: Oct-26-2010
O R D E R V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6583 of 2010 ------------------------------------------------ Dated this the 26th day of October, 2010 ORDER 1. The petitioner, who is accused No.5 in Crime No.8 of 2009 of Excise Enforcement and Anti Narcotic Special Squad, Kottaym for an offence punishable under Section 21 (c) of the NDPS 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 Special Judge (NDPS) 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...
Renjith, Aged 26 Years, S/O.Rajan Vs. State of Kerala, Rep.by S.i. of ...
Court: Kerala
Decided on: Oct-26-2010
O R D E R V. RAMKUMAR, J. ................................... Bail Application No. 6718 2010 ..................................................... Dated: 26th day of October, 2010 ORDER 1. Petitioner, who is the sole accused in Crime No.1445 of 2010 of Thodupuzha Police Station for offences punishable under Section 511 of 379, seeks his enlargement on bail. The occurrence took place on 12.9.2010. The petitioner was arrested on 15.9.2010. 2. The learned Public Prosecutor opposed the application contending inter-alia that the petitioner is involved in two other cases in which the offence involved is one punishable under Section 379 IPC. In the present case, he was attempting to commit theft of a 'Tata Sumo' car and was taken into custody by the police on 12.9.2010 and he escaped from police custody and could be apprehended again only on 15.9.2010. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioner, the relative conduct of the part...
Renjini, W/O. Thankachan, Puthenpurackal Vs. State of Kerala
Court: Kerala
Decided on: Oct-26-2010
O R D E R V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6714 of 2010 ------------------------------------------------ Dated this the 26th day of October, 2010 ORDER 1. The petitioner, who is the the sole accused in CR.No.7 of 2007 of Peermade Excise Range for an offence punishable under Section 55(g) of the Abkari Act for having been found in possession of 50 litres of Wash, seeks her enlargement on bail. She was arrested on 09/10/2010. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the offence, the duration of judicial custody of 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 with effect from 10/11/2010 on her executing a bond for Rs.35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J...
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