Kerala Court October 2010 Judgments
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Akhil,s/O.Mathai,neelangal House Vs. Tate Rep.by Sub Inspector of Poli ...
Court: Kerala
Decided on: Oct-26-2010
O R D E R V. RAMKUMAR, J. ......................................... Bail Application No. 6691 of 2010 .......................................... Dated: 26-10-2010 ORDER 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...
Shefeeque and ors. Vs. State of Kerala
Court: Kerala
Decided on: Oct-26-2010
O R D E R V. RAMKUMAR, J. ................................... B.A. No. 6628 of 2010 ............................................... Dated: 26th day of October, 2010 ORDER 1. Petitioners, who are accused Nos. 1 to 4 in Crime No.1081/2010 of Pathanapuram Police Station for offences punishable under Sections 447, 341, 323, 324, 354 and 326 read with 34 IPC, 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. After interrogation, petitioners shall be produced before the Magistra...
Thankappan, Vs. State of Kerala
Court: Kerala
Decided on: Oct-26-2010
O R D E R V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6287 of 2010 ------------------------------------------------ Dated this the 26th day of October, 2010 ORDER 1. In this Petition filed under Section 439 Cr.P.C. the petitioner who is the sole accused in CR.No.57 of 2009 of Excise Range Office, Udumbanchola for offences punishable under Sections 8(1) and 8(2) of the Kerala Abkari Act for allegedly having been found in possession of 4.800 litres of arrack, seeks his enlargement on bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner is involved in three other cases of similar nature. 3. It is too early to accept the petitioner's contention that he has been falsely implicated in the case. Moreover, I am not satisfied that both the grounds enumerated under Section 41A (b)(ii) of the Abkari Act are present in this case so as to justify his release on bail. With the above observation this Applicat...
Manju Vs. State of Kerala
Court: Kerala
Decided on: Oct-26-2010
O R D E R V. RAMKUMAR, J. --------------------------- Bail Application No.6707 of 2010 ---------------------------------------------- DATED: 26th day of October, 2010 O R D E R Petitioner, who is the sole accused in Crime No.114/2009 of Karunagappally Excise Range for an offence punishable under Section 55(i) of the Abkari Act I of 1077, seeks anticipatory bail. 2. Anticipatory bail cannot be granted in a case involving such a grave offence. There is no reason why the petitioner should not surrender before the Magistrate concerned and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate and files an application for regular bail within two weeks from today, the same shall be considered and disposed of preferably on the same day on which it is filed notwithstanding the pendency of non-bailable warrants of arrest, if any, against the petitioner. With the above observation this application is disposed of ....
Ansari, Kavuvila Veedu and anr. Vs. Reena, Kavuvila and ors.
Court: Kerala
Decided on: Oct-26-2010
O R D E R R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** W.P(Crl) No.388 of 2010 ***************************** Dated this the 26th day of October, 2010 This judgment must be read in continuation of the earlier order dated 07.10.2010 passed by us. 2. Today when the case came up for hearing, the petitioners are present. Along with them, the alleged detenue Fathima, has also come to Court. 3. Fathima is a 14 year old minor girl - daughter of the 2nd petitioner, whose date of birth is 10.12.1995. Her father has expired and the 2nd petitioner, after the death of her husband, has remarried the 1st petitioner. The alleged detenue and Abu Hassan, her younger brother, were born to the 2nd petitioner in her earlier marriage with the father of the alleged detenue. 4. The alleged detenue has been residing with the 2nd petitioner after 07.10.2010 in terms of the order dated 07.10.2010. Today when the case is called, the alleged detenue is present. We interacted with the alleged dete...
Rajesh, S/O.Raveendran Vs. State of Kerala
Court: Kerala
Decided on: Oct-26-2010
O R D E R V. RAMKUMAR, J. ......................................... Bail Application No. 4396 of 2010 .......................................... Dated: 26-10-2010 ORDER 1. Petitioner who is the first accused in Crime No. 215 of 2010 of Thampanoor Police Station for an offence punishable under Section 420 read with Sec. 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 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 pet...
Chandru,s/O.Krishnan,kunnummakara and ors. Vs. State of Kerala
Court: Kerala
Decided on: Oct-26-2010
O R D E R V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6664 of 2010 ------------------------------------------------ Dated this the 26th day of October, 2010 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioners who are accused Nos.1 & 5 in Crime No.590 of 2010 of Kollam West Police Station for offences punishable under Sections 454, 461, 380 & 411 read with Section 34 I.P.C., seek their enlargement on bail. 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 of the petitioners, the present stage of investigation of the case 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 on each of them executing a bond for Rs. 15,000/- (Rupees fifteen thousand only) with two solvent sureties (each of whom shall furnish solv...
Shameer, Aged 30 Years, S/O.Hassan and anr. Vs. State of Kerala
Court: Kerala
Decided on: Oct-26-2010
O R D E R V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6698 of 2010 ------------------------------------------------ Dated this the 26th day of October, 2010 ORDER 1. The petitioners, who are accused Nos.1 & 2 in Crime No.2737 of 2010 of Central Police Station, Ernakulam for offences punishable under Sections 406 & 420 read with Section 34 I.P.C., seek their enlargement on bail. The petitioners were arrested on 26/9/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioners and the other accused persons after hiring five vehicles on rent were subsequently making money out of it by pledging the same as if the vehicles belonged to them. 3. Having regard to the gravity of the offences, nature of the allegations levelled against the petitioners, the relative conduct of the parties, the extent of the injury sustained, the propensities of the petitioners, the sentiments of the near relatives of the victim a...
P.K.Premchand,s/O.Chandrapalan, Vs. K.Renuka Nithyananthan,
Court: Kerala
Decided on: Oct-26-2010
O R D E R PIUS C. KURIAKOSE & P. S. GOPINATHAN, JJ. ------------------------------------------------ R. C. R. No.115 of 2010 ------------------------------------------------ Dated this the 26th day of October, 2010 ORDER 1. By our order dated 01/06/10 we held that there is no serious infirmity about the impugned judgment of the Appellate Authority except to the extent the Appellate Authority granted relief to the respondent without imposing any condition. It was for the purpose of imposing suitable conditions that notice was issued to the respondent. Even though notice is served on the respondent, she has not entered appearance before this Court. 2. Having heard the submissions of Sri.B.Krishnan, the learned counsel for the revision petitioner, we are of the view that the impugned judgment of the Appellate Authority can be modified by incorporating the following conditions:- 1) The respondent/tenant is directed to collect D.Ds for Rs.2,80,000/- dt.01/02/08, for Rs.17,000/- dt.05/02/0...
Vinoj N.K. Vs. State of Kerala
Court: Kerala
Decided on: Oct-26-2010
O R D E R V. RAMKUMAR, J. ......................................... B.A. No.6648 of 2010 .......................................... Dated: 26.10.2010 ORDER Petitioner, who is the sole accused in Crime No.740/2010 of Anthikad Police Station for offences punishable under Sections 341 and 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 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 interrogated b...
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