Bench allowed bail application in a case involving a disputed immovable property where a civil suit was pending. Petitioner ordered to surrender on 22.01.2013, produce before JFCM, and grant bail against bond of Rs.10,000 with sureties.
Petitioner directed to surrender by 22.01.2013 and released on bail on bond of Rs.10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
TUESDAY, THE 15TH DAY OF JANUARY 2013/25TH POUSHA 1934
Bail Appl..No. 4 of 2013 ()
CRIME NO.533/2012 OF ADHUR POLICE STATION IN KASARAGOD DISTRICT.
PETITIONER(S)/ACCUSED:
T.R.MOHMMED , AGED 53 YEARS S/O.ABBAS,RESIDING AT MANHAMPARA,ADHUR P.O. ADHUR VILLAGE,KASARAGOD TALUK AND DISTRICT.
BY ADV. SRI.JAWAHAR JOSE
RESPONDENT(S)/STATE:
THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
tss
P.BHAVADASAN, J.
---------------------------------------------------BA No.4 of 2013 ----------------------------------------------------
Dated this the 15th day of January 2013
Order
The dispute involved relates to an immovable property. The petitioner claims that he, on the strength of Annexure-C patta, has been in possession and enjoyment of the property. The defacto complainant, which is a grama panchayat, says that the property belongs to the grama panchayat and the petitioner had illegally trespassed into the property and cut and removed the trees. It is an admitted fact that a civil suit is pending between the parties in relation to the same issue.
BA 4/13
2
JFCM concerned, he shall be released on bail on his executing a bond for Rs.10,000/- (Rupees Ten Thousand only) with two solvent sureties for the like sum each to the satisfaction of the JFCM concerned.
P.Bhavadasan, Judge
sta
BA 4/13 3
BA 4/13 4
2 issues framed by the court
Whether the present case warrants the exercise of the extraordinary jurisdiction of the court under S.438 of Cr.PC.
Whether the petitioner is entitled to bail under the conditions specified in the order.
1 provisions across 1 enactments
T.R.MOHMMED
THE STATE OF KERALA
P.Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
