Partly allowed

Johny Mathew v. State Oe Kerala

Kerala HC11 Jun 2012Bail Appl./2711/2012

Case brief

AI extract

What is this about?

In a bail application, the Court granted bail to the accused subject to surrender before the Forest Range Officer within 10 days and strict conditions regarding sureties, passport, and non-removal from Kerala.

What did the court decide?

Bail granted subject to surrender within 10 days, execution of bond with sureties, monthly interrogation, and prohibition on leaving Kerala without permission.

Johny Mathew Vs State Oe Kerala — Bail and Remand | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

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MONDAY, THE 11TH DAY OF JUNE 2012/21ST JYAISHTA 1934

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Bail Appl..No. 2711 of 2012 (D)

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[O.R. NO.40/2011 OF THODUPUZHA FOREST RANGE - IDUKKI DISTRICT]

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PETITIONER/ACCUSED NO.1:

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JOHNY MATHEW, AGED 57 YEARS, NJARALAKKATTU HOUSE, UDAMBANNOOR P.O., MANKUZHY,THODUPUZHA, IDUKKI DISTRICT.

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BY ADVS.SRI.B.PRAMOD, SRI.JOSEPH RONY JOSE.

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RESPONDENT/COMPLAINANT:

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STATE OE KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Prv.

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N.K.BALAKRISHNAN, J.

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- - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 2711 OF 2012

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- - - - - - - - - - - - - - - - - - - - - - - - -

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Dated this the 11^th day of June, 2012

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O R D E R

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The petitioner is the accused in O.R.No.40/2011 of Thodupuzha Forest Range, Idukki District. The offences alleged against him are under sections 27(i)(e)(i)(ii) and (iv) of the Kerala Forest Act and 2(ii) of the Forest Conservation Act.

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It is alleged that after trespassing into the forest area a road was formed. The learned counsel for the petitioner submits that the petitioner is a cardiac patient and he did not participate in the formation of the road and that he has absolutely no role in the formation of road. An affidavit has also been filed by him stating that he is not claiming any right over the land in question where road has been formed. Since that being the definite stand taken by the petitioner, there may not be difficulty for the Forest

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B.A.No.2711/2012

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Department to get that area restored to the original position.

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Considering all the aspects the following directions are issued:

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The petitioner shall surrender before the Forest Range Officer within 10 days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate can, considering the nature of the case, grant bail to the petitioner but on the following conditions:

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a. The accused shall execute a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum to the satisfaction of the concerned Court. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.

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b. The accused shall make himself

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B.A.No.2711/2012

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available for interrogation by the Investigating Officer and that he should appear before the Investigating Officer once in a month between 9.30 AM to 11.30 AM until further orders.

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c. The accused shall produce his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. d. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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e. The accused and the sureties shall not leave the state of Kerala without the prior permission of the learned Magistrate.

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B.A.No.2711/2012

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f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.

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Sd/- N.K.BALAKRISHNAN, JUDGE.

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//True copy//

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P.A. to Judge

Johny Mathew v. State Oe Kerala

Case brief

What is this about?

What did the court decide?

Johny Mathew v. State Oe Kerala

Case brief

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