Kerala Court November 2010 Judgments
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P.P.Pradeepan, S/O.Vijayan Pillai Vs. Jaya, D/O.Sreedharan Pillai
Court: Kerala
Decided on: Nov-16-2010
R.BASANT & K.SURENDRA MOHAN, JJ.W.P(C) No.26070 of 2010Dated this the 16th day of November, 20101. The petitioner has come to this Court raising a grievance that a warrant of arrest is chasing him and that he need some further time to pay the amount. When this petition was admitted, interim directions were issued. The respondent, though served, has not entered appearance. The report of the Family Court shows that the condition for grant of stay has not been complied with. While it is true that an amount of Rs.20,000/- has been deposited, the direction to deposit 10% of the total amount due is not complied with by the said deposit of Rs.20,000/-, reports the Family Court. 2. The learned counsel for the petitioner submits that the matter has been settled between the parties now and the petitioner has undertaken to pay the entire amount due under the impugned order within a period of 25 days. If there is such an agreement, it shall be open to the petitioner to report that fact to the Fami...
Mussafir Ahammed Vs. State of Kerala
Court: Kerala
Decided on: Nov-16-2010
V. RAMKUMAR, J.Bail Application No.7305 of 2010Dated this the 16th day of November, 2010O R D E R1. In this Petition filed under Section 439 Cr.P.C., the petitioner, who is accused No.4 in Crime No.340 of 1996 of Thrissur Town West Police Station for offences punishable under Sections 406 & 465 read with Section 34 I.P.C., seeks his enlargement on bail. The petitioner was arrested on 02/11/2010. 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 29/11/2010 on his executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subj...
Kunhammaramma Vs. the State of Kerala
Court: Kerala
Decided on: Nov-16-2010
V. RAMKUMAR, J.B.A. No. 7254 of 2010Dated this the 16th day of November, 2010.ORDER1. Petitioner who is the 2nd accused in Crime No. 1123 of 2010 of Hosdurg Police Station for an offence punishable under Section 498 (A) 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 her application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on 27.11.2010 or on 29.11.2010 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 th...
Kenny, S/O.Balachandran Vs. State of Kerala
Court: Kerala
Decided on: Nov-16-2010
V.RAMKUMAR, J.Bail Application No.6867 of 2010Dated this the 16th day of November, 2010ORDER1. The petitioner, who is accused No.1 in Crime No.244 of 2010 of Kurathikadu Police Station for offences punishable under Sections 449, 323, 341, 324, 506(ii), 307, 302 & 201 read with Section 34 I.P.C., seeks his enlargement on bail. The occurrence took place on 15/06/2010. The petitioner was arrested on 01/07/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the deceased Praveen who was 29 years old was brutally murdered in the presence of his mother, daughter, etc., and that the petitioner is involved in eight other crimes including those punishable under Sections 308, 392 I.P.C., etc and that proceedings under KAPPA are pending against the petitioner.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...
B.Jayaraj Nair and Another Vs. the Divisional Manager, United India In ...
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Nov-16-2010
SHRI.M.V. VISWANATHAN: JUDICIAL MEMBER No representation for the complainants. On the last hearing date there was no representation for the complainants. Counsel for the opposite party is present. Complainants were called absent. Hence complaint dismissed for non prosecution....
Jose Vs. State of Kerala
Court: Kerala
Decided on: Nov-15-2010
V. RAMKUMAR, J.B.A. No.7010 of 2010Dated this the 15th day of November, 2010.ORDER1. Petitioner who is the accused in Crime No. 631 of 2010 of Kalady Police Station for offences punishable under Sections 341, 323 and 353 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 26.11.2010 or on 27.11.2010 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 t...
K.A.Chellappan Vs. Shaji Madhavan
Court: Kerala
Decided on: Nov-15-2010
M.L. JOSEPH FRANCIS, J.Crl.A. No. 2206 of 2004Dated this the 15th day of November, 20101. This appeal is filed by the complainant in C.C.No. 1164 of 2000 on the file of the Chief Judicial Magistrate Court, Ernakulam against the order of acquittal under Section 256 Cr.P.C. dt. 13.8.2004. That was a case filed by the complainant against the first respondent for the offence punishable under Section 138 of the N.I. Act involving a cheque for Rs. 25,000/- On 13.8.2004, the accused was acquitted under Section 256 Cr.P.C. as the complainant was not present either in person or by pleader. 2. Heard learned counsel for the appellant and the learned Public Prosecutor. 3. The learned counsel for the appellant submitted that the learned Chief Judicial Magistrate took cognizance of the offence on 23.6.2000 and the accused entered appearance through counsel on 12.9.2001. The learned counsel for the appellant further submitted that on 29.5.2002 non-bailable warrant was issued against the accused as th...
Sajeevan Vs. State of Kerala
Court: Kerala
Decided on: Nov-15-2010
V. RAMKUMAR, J.Bail Application No.7258 of 2010DATED: 15.11.2010O R D E R1. In this Petition filed under Sec. 439 Cr.P.C. the petitioner who is the sole accused in Crime No.74/2010 of Karthikappally Excise Range for offences punishable under Secs.8(i) and (ii) of the Abkari Act for having been found in possession of 800ml of illicit arrack, seeks his enlargement on bail. Petitioner was arrested on 22.10.2010. 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. 24.11.2010 on his executing a bond for `35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M- II, Harippad and subject to the following conditions: - 1. ...
Sudevan, S/O.Ponnan Vs. Selvarajan
Court: Kerala
Decided on: Nov-15-2010
THOMAS P. JOSEPH, J. O.P.(C) No.709 of 2010 Dated this the 15th day of November, 2010.1. Plaintiff in O.S.No.36 of 2006 of the court of learned Munsiff, Chittur is the petitioner before me seeking a direction to the learned Munsiff to dispose of Ext.P6, application to appoint another Advocate Commissioner in place of the Advocate Commissioner who has submitted Ext.P7, report. The suit was filed in the year 2006 for recovery of possession on title claimed by petitioner, and other reliefs. Advocate Commissioner was appointed in the year 2006 and he made certain visits to the property. He submitted Ext.P3(a), interim report dated 27.09.2007 and Ext.P3(b), interim report on 07.08.2007. In Ext.P3(b), interim report he stated that since the properties of parties are covered by river, Surveyor was not able to measure the property and assistance of Superintendent of Survey is required. He requested the court to issue necessary directions in the matter. While so petitioner filed Ext.P5, applica...
Suphikunni N.A. Vs. State of Kerala
Court: Kerala
Decided on: Nov-15-2010
V. RAMKUMAR, J.Bail Application No.7459 of 2010DATED: 15.11.2010O R D E R1. Petitioner, who is the 7th accused in Crime No.854/2008 of Kasaragod Police Station now pending as C.P.No.183/2010 on the file of J.F.C.M, Kasaragod, seeks anticipatory bail.2. Admittedly, non-bailable warrants of arrest are pending against the petitioner. Anticipatory bail cannot be granted to nullify the process issued by a court of competent jurisdiction. There is no reason why the petitioner should not surrender before the Magistrate 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 against the petitioner and also after considering the explanation offered by the petitioner for his previous non-appearance. 3. With the above observation this applica...
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