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Kerala Court October 2010 Judgments

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Oct 26 2010

Somanathan, S/O.Balakrishna Pillai Vs. State of Kerala, Rep.by Public

Court: Kerala

Decided on: Oct-26-2010

O R D E R V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Bail Application No. 6348 of 2010 * * * * * * * * * * * * * * * * * * Dated: 26th October, 2010 ORDER 1. Petitioner seeks anticipatory bail on the allegation that the police attached to Vanitha Cell, Ernakulam are at his heels on the allegation of commission an offence punishable under Sec. 498 A I.P.C. 2. The learned Public Prosecutor, on instructions, submitted that no crime has been registered and that the petitioner is not wanted in connection with the allegations in the petition. If so, the apprehension of arrest and harassment entertained by the petitioner is unfounded. Recording the submission made by the Public Prosecutor, this petition is closed. ...


Oct 26 2010

Mohanan, S/O.Sukumaran, Vs. State of Kerala

Court: Kerala

Decided on: Oct-26-2010

O R D E R V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6739 of 2010 ------------------------------------------------ Dated this the 26th day of October, 2010 ORDER In this Petition filed under Section 439 Cr.P.C., the petitioner, who is the sole accused in Crime No.474 of 2010 of Mannar Police Station for offences punishable under Sections 324 & 308 I.P.C., seeks his enlargement on bail. The petitioner was arrested on 03/10/2010. 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, the present stage of investigation of the case 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 06/11/2010 on his executing a bond for Rs. 15,000/- (Rupees fifteen thousand only) with two solvent sureties eac...


Oct 26 2010

Vinoop Kumar, Leskshminivas and ors. Vs. State of Kerala

Court: Kerala

Decided on: Oct-26-2010

O R D E R V. RAMKUMAR, J. ......................................... B.A. No.6688 of 2010 .......................................... Dated: 26.10.2010 ORDER Petitioners, who are accused Nos.2 to 4 in Crime No.901/2010 of Mulanthuruthy Police Station for offences punishable under Sections 448,506(i), 294(b) and 427 read with 34 I.P.C., seek anticipatory bail. 2. The learned Public Prosecutor submits that the offences involved in the above crime are all bailable offences. If so, the invocation of Section 438 Cr.P.C is misconceived. This petition is accordingly dismissed without prejudice to the right of the petitioners to seek regular bail from the Magistrate concerned. ...


Oct 26 2010

Meena Raj, S/O.Kutti Ramasamy Vs. State of Kerala

Court: Kerala

Decided on: Oct-26-2010

O R D E R V. RAMKUMAR, J. ............................. B.A. No. 6522 of 2010 .......................................... Dated: 26th day of October, 2010 ORDER 1. Petitioner, who is the 1st accused in Crime No.89/2010 of Devikulam Police Station for an offence punishable under Section 436 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. The petitioner shall thereafter be produced before the Magistrate who on being satisfied that the petitioner has been i...


Oct 26 2010

Gospel for Asia, Manjadi, Thiruvalla and anr. Vs. State of Kerala and ...

Court: Kerala

Decided on: Oct-26-2010

O R D E R J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.A. No. 1405 of 2010 ------------------------------------------ Dated this the 26th day of October, 2010 1. Aggrieved by a judgment dated 16th June, 2010 in W.P. (C) No.9344 of 2010, the unsuccessful petitioners therein preferred the present writ appeal. 2. The writ petition itself was filed challenging Ext.P2 notice issued by the Erumeli Grama Panchayat. By the said proceedings, the appellants herein were called upon to remove certain boards kept in different parts of the road. 3. The case of the appellants is that the roads are private roads in a rubber estate admeasuring a large extent of 2263 Acres and the Panchayat has no manner of jurisdiction to call upon the appellants to do or desist from doing anything in their private 4. It appears that in response to the abovementioned notice the appellants have already submitted their written objection. In the circumstances, a learned ...


Oct 26 2010

Devaki Vs. State of Kerala

Court: Kerala

Decided on: Oct-26-2010

O R D E R V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6479 of 2010 ------------------------------------------------ Dated this the 26th day of October, 2010 ORDER The petitioner, who is the sole accused in Crime No.70 of 2010 of Karthikappally Excise Range for an offence punishable under Section 8(2) of the Abkari Act for having been found in possession of 10 litres of arrack, seeks her enlargement on bail. She was arrested on 21/9/2010. 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 02/11/2010 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 th...


Oct 26 2010

Fathima Beevi,kayakkandi House and ors. Vs. the State Election Commiss ...

Court: Kerala

Decided on: Oct-26-2010

O R D E R K.M.JOSEPH & M.C.HARI RANI, JJ. ----------------------------------------------- W.P.(C) No.32639 of 2010 ----------------------------------- Dated this the 26th day of October 2010 J U D G M E N T Petitioners have approached this Court seeking the following reliefs :- "i. Issue a writ of mandamus or other writ or order directing the respondents to act upon Ext.P1 to P4 ensuring law and order situation properly enabling the voters to reach the polling station and to exercise where votes peacefully without any obstruction of hindrance in whatsoever manner. ii. Direct the respondents to deploy necessary police officials giving adequate police protection to the voters, candidate and authorized agents ensuring peaceful conduct of the election in Ward No.1 to 14 of Maruthonkara Grama Panchayath by acting upon Ext.P1 to P4. iii. Direct the respondents 1 to 3 to allow necessary video graph in and around the polling booths where the votes are being polled in connection with the ele...


Oct 26 2010

Noufal, S/O. Abdul Khader Vs. State of Kerala

Court: Kerala

Decided on: Oct-26-2010

O R D E R V. RAMKUMAR, J. ......................................... B.A. No.6716 of 2010 .......................................... Dated: 26.10.2010 ORDER Petitioners, who are accused Nos.1 to 4 in Crime No.997/2010 of Chavakkad Police Station for offences punishable under Sections 341,323,324 and 326 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 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 satisfied that the peti...


Oct 26 2010

Syed Thaha Bafakyh,s/O.Syed Abdul Vs. P.N.Jaladharan

Court: Kerala

Decided on: Oct-26-2010

O R D E R THOMAS P.JOSEPH, J. ==================================== O.P(C) No.452 of 2010 ==================================== Dated this the 26th day of October, 2010 J U D G M E N T Heared learned counsel for petitioner. Original Petition is dismissed without prejudice to the right of petitioner to challenge Exts.P1 and P2, under Article 226 of the Constitution. ...


Oct 26 2010

Ajitha and ors. Vs. the State of Kerala

Court: Kerala

Decided on: Oct-26-2010

O R D E R V. RAMKUMAR, J. ......................................... B.A. No.6683 of 2010 .......................................... Dated: 26.10.2010 ORDER Petitioners, who are accused Nos.1 and 2 in Crime No.945/2010 ofVarkala Police Station for an offence punishable under Section 436 readwith 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 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 satisfied that the petitioners have been ...


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