Court : Kerala
..... pointed out that after the incident, the petitioner made himself scarce and he is a habitual offender involved in several crimes. ..... heard learned counsel for the petitioner and the learned public prosecutor and after perusing the cd made available for perusal, it is seen that there is considerable force in the submission made by the learned public prosecutor. ..... pointed out that the confession statement given by one of the accused and the statements of other accused show that the petitioner is involved in the incident which gave rise to the crime. ..... in the high court of kerala at ernakulam present: the honourable mr.justice p.bhavadasan tuesday, the 8th day of january 2013 18th pousha 193 ..... sri.siju kamalasanan smt.chithra.s.babu respondent/state: --------------------- state of kerala through the sub inspector of police edakkadu police station represented by the public prosecutor high court of kerala, ernakulam. ..... considering the totality of the facts and circumstances of the case, it is felt that it may not be proper to release the petitioner now ..... public prosecutor narrated a series of crimes in which the petitioner is involved, which are grave and serious. ..... on remand in another case and on his involvement in the present case being revealed, he was formally arrested on 29.10. ..... 5 read with section 27 of the arms act along with other accused persons.2. ..... smt.kochumol koduvath this bail application having come up for admission on 08.01.2013,the court on the same day passed the following: shg/ p. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)ALD(Cri)59; 2003BomCR(Cri)937
..... court that there is no hard or fast rule that merely because there is a time lag between the offending acts and the date of order of detention, the casual link must be taken to be snapped and the satisfaction reached by the detaining authority should be regarded as unreal, but it all depends upon the facts and circumstances of each case and the nature of the explanation offered by the detaining authority for the delay that that occurred in passing the order. ..... fast rule that merely because there is a time lag of about, six months between the 'offending acts' and date of the order of detention, the casual link must be taken to be broken and the satisfaction claimed to have been arrived at by the district magistrate must be regarded as sham or unreal. ..... -(a) if satisfied with respect to any person (including a foreigner) that wit a view to preventing him from acting in any manner prejudicial to- (i) the defence of india, the relations of india with foreign powers, or the security of india, or(ii) the security of the state or the maintenance of public order, or(iii) the maintenance of supplies and services essential to the community, or (b) if satisfied with respect to any foreigner that with a view to regulating this continued presence in india or with a view to making arrangements for his expulsion from india; ..... case of non application of mind nor is a case of drawing erroneous conclusion or holding that the detenu was habitual offender.13. mr. ..... kerala ..... kerala ..... state of kerala and ors.2) : .....
Tag this Judgment!Court : Kerala
..... it is pointed out that the third accused is a habitual offender and he is involved in several offences ..... after having heard learned counsel for the petitioners and the learned public prosecutor and having perused the records, the claim of the petitioners that they are innocent cannot be accepted ..... ii) the learned magistrate may ensure the identity of the sureties and also the veracity of the tax receipts that are sought to be produced at the time of executing the bond. ..... iv) petitioners 2 and 3 shall not leave state of kerala without the prior permission of the magistrate concerned. ..... state of kerala, represented by the public prosecutor, high court of kerala.2. ..... in the high court of kerala at ernakulam present: the honourable mr.justice p.bhavadasan wednesday, the 23rd day of january 2013 3rd magha 193 bail appl..no ..... learned public prosecutor pointed out that the third accused, the first petitioner herein, has criminal antecedents and that he is prone to criminal activities ..... 4 i) petitioners 2 and 3 shall be released on bail on each of them executing a bond for a sum of rs.25,000/- (rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the jfcm court concerned. ..... , this application is disposed of as follows:1) this application stands dismissed as far as the first petitioner is concerned,2) as far as petitioners 2 and 3 are concerned, this application is allowed on the following conditions: b.a.396/2013. ..... and section 27 of the arms act.2. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC49; JT1988(4)SC613; 1989(1)KLT141(SC); 1988(2)SCALE1247; (1988)4SCC669; [1988]Supp3SCR94
..... after the kerala education bill, 1957, had been passed by the kerala legislative assembly and was reserved by the governor for the consideration of the president, the president made a reference to the supreme court under article 143(1) of the constitution for obtaining the opinion of the court upon certain questions relating to the constitutional validity of some of the provisions of the bill and the supreme court gave its opinion as reported in re. ..... the division bench was, therefore, right in taking the view that the general power of rescindment available to the state government under section 20 of the kerala general clauses act has to be determined in the light of the 'subject matter, context and the effect of the relevant provisions of the statute. ..... p-4 and p-7 were only announcements of the policy decisions taken by the government and, the government could revise its decision at any time and even if they are to be viewed as administrative orders passed by the government, it was always open to the government, in exercise of its powers under section 20 of the kerala general clauses act (corresponding to section 21 of the general clauses act x of 1897) to add, amend, vary, or rescind the notifications. ..... likewise where car-hire drivers had habitually offended against airport byelaws, with many convictions and unpaid fines, it was held that they had no legitimate expectation of being heard before being banned by the airport authority. .....
Tag this Judgment!Court : Kerala
Reported in : 1997CriLJ595
..... question as to whether a vehicle is involved in a forest offence previously, whether persons who are involved in forest offence arc habitual offenders and also if the vehicle is released whether it would again be used for illegal purposes, and whether the vehicle if released would not be produced. ..... it is pertinent to note that sections 61a to 61m were inserted by act 28/75 by the kerala forest (amendment) act, 1975. ..... question involved in these writ petitions is as to whether an authorised officer of the forest department has got power to release the vehicle seized pending confiscation proceedings under section 61a of the kerala forest act, 1961, hereinafter called the 'act'. ..... in cases where the value of the property is considerably negligible compared to the value of the vehicle, if various other ingredients arc proved, there is no reason why the power be not exercised by the authorities under sections 61 and 61a read with section 53 of the act to release the vehicle as an interim measure even pending confiscation proceedings.11. ..... kerala forest act was enacted to unify and amend the law relating to the protection and management of forests in the state of kerala. ..... therefore it was considered necessary to amend kerala forest act incorporating deterrent provisions preventing illicit removal. .....
Tag this Judgment!Court : Kerala
..... while considering the facts and circumstances involved in the case, it can be seen that the prosecution has no case that the appellant is a habitual offender. ..... on the other hand, it is crystal clear that as on the date of occurrence in the present case, the preventive officers of the excise department are authorised to exercise all or any of the powers under sections 31,32,34,35,38,39,53 and 59 of the kerala abkari act, in view of s.r.o.no.234/67, which position is not disputed before me. ..... it is also the contention of the learned counsel that in the present case, the detecting officer is pw4, who was then working as preventive officer and was not competent as per the provisions of the kerala abkari act and therefore, the entire prosecution case has to be rejected and the appellant is entitled to get an acquittal.5. ..... in the result, this appeal is dismissed confirming the conviction recorded by the trial court against the appellant for the offences under sections 55(a) and (g) of the abkari act, but subject to the modification with respect to the sentence to the extent indicated above. ..... during the trial of the case, a formal charge was framed against the accused for the offences punishable under sections 55(a) and (g) of the abkari act, which when read over and explained to the accused, he denied the charge and pleaded not guilty and consequently, the prosecution adduced its evidence by examining pws.1 to 5 and produced exts.p1 to p7. .....
Tag this Judgment!Court : Kerala
..... the prosecution has no case that the appellant/accused is a habitual offender. ..... on the basis of the above allegation, crime no.112 of 2001 was registered in the mavelikkara excise range and on completing the investigation, they filed a charge sheet before the judicial first class magistrate court-ii, chengannur and the case was committed to the court of sessions, alappuzha (c.p.no.80 of 2002) and it was made over for trial and disposal to the additional assistant sessions judge, alappuzha, who framed charge against the accused for the offences punishable under sections 8(1) and (2) and 55(a) of the abkari act. ..... according to them, when the accused had seen the excise party, he tried to slip away from the place, but he was intercepted and the can which was held by the accused was examined in the presence of the witnesses and thus, found the can containing a liquid of two litres and the content of the can is identified as illicit arrack by smelling and tasting ..... in the high court of kerala at ernakulam present: the honourable mr.justice v.k.mohanan tuesday, the1t day of october20139th aswina, 1935 crl.a.no ..... state of kerala (2008(3) klt150 has held that if the testimony of official witnessses is blemishless and free from suspicion and inspires confidence, hostility shown by ill-motivated independent witnesses is of no consequence ..... sri.n.ashok kumar respondent(s)/complainant: ---------------------------- state of kerala, represented by the public prosecutor, high court of kerala ernakulam. .....
Tag this Judgment!Court : Kerala
..... the prosecution has no case that the appellant/accused is a habitual offender. ..... in the light of the above discussion and in view of crl.a.no.1441 of 2003 12 the evidence and materials referred to above, i am of the view that, the trial court is fully justified in its finding and convicting the appellant for the offence under sections 55 (a) and 8(1) of the abkari act and i find no reason to disturb the conviction recorded by the trial court against the appellant. ..... in the result, this appeal is dismissed confirming the conviction recorded by the trial court against the appellant for the offence under sections 55(a) and 8(1) of the abkari act, but subject to the modification with respect to the sentence to the extent indicated above. ..... according to these witnesses, while they were on patrol duty around vettem, they found the accused holding m.o.1 can in a path way, passing through a coconut garden on the eastern side of crl.a.no.1441 of 2003 4 the house of one govindan and on seeing the party, the accused got perplexed and tried to escape, but he was intercepted and m.o.1 can was inspected and found a liquid, which is identified as illicit arrack by smelling and tasting. ..... in the high court of kerala at ernakulam present: the honourable mr.justice v.k.mohanan thursday, the9h day of january201419th pousha, 1935 crl.a.no. ..... state of kerala (2012 khc4713. ..... by public prosecutor, high court of kerala, ernakulam. ..... ) respondent(s)/complainant: ---------------------------- state of kerala rep. .....
Tag this Judgment!Court : Kerala
..... the prosecution has no case that the appellant/accused is a habitual offender. ..... on the basis of the above allegation, crime no.112 of 2001 was registered in the mavelikkara excise range and on completing the investigation, they filed a charge sheet before the judicial first class magistrate court-ii, chengannur and the case was committed to the court of sessions, alappuzha (c.p.no.80 of 2002) and it was made over for trial and disposal to the additional assistant sessions judge, alappuzha, who framed charge against the accused for the offences punishable under sections 8(1) and (2) and 55(a) of the abkari act. ..... according to them, when the accused had seen the excise party, he tried to slip away from the place, but he was intercepted and the can which was held by the accused was examined in the presence of the witnesses and thus, found the can containing a liquid of two litres and the content of the can is identified as illicit arrack by smelling and tasting ..... in the high court of kerala at ernakulam present: the honourable mr.justice v.k.mohanan tuesday, the1t day of october20139th aswina, 1935 crl.a.no ..... state of kerala (2008(3) klt150 has held that if the testimony of official witnessses is blemishless and free from suspicion and inspires confidence, hostility shown by ill-motivated independent witnesses is of no consequence ..... sri.n.ashok kumar respondent(s)/complainant: ---------------------------- state of kerala, represented by the public prosecutor, high court of kerala ernakulam. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC2177; 1987(35)BLJR227; 1986CriLJ2047; 1987(1)Crimes8(SC); 1986(2)SCALE484; (1986)4SCC378; [1986]3SCR837
..... the court was considering the expression 'habitual offender' under the bihar control of crimes act, 1981.45. ..... this credible chain would be snapped if there was too long and unexplained an interval between the offending acts and the order of detention. ..... this credible chain is snapped if there was too long and unexplained interval between the offending acts and order of detention. ..... directing that such person be detained.explanation-for the purposes of this sub-section, the expression 'acting in any manner, prejudicial to the maintenance of supplies of commodities essential to the community' means:-(a) committing or instigating any person to commit any offence punishable under the essential commodities act, 1955 (10 of 1955), or under any other law for the time being in force relating to the control of the production, supply or distribution of, or trade and commerce in, any commodity essential to the community; or(b) dealing in any commodity-(i) which is an essential commodity ..... commissioner and secretary, government of kerala and ors. .....
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