A sole accused in a case for theft of trees under section 379 IPC filed a bail application claiming ownership of the land and trees. The Court held custodial interrogation unnecessary and allowed bail on furnishing a bond and specific conditions.
Bail allowed; petitioner to surrender within 10 days and execute a bond for Rs. 50,000 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 SUNIL THOMAS
MONDAY ,THE 05TH DAY OF NOVEMBER 2018 / 14TH KARTHIKA, 1940
Bail Appl..No. 5131 of 2018
AGAINST THE ORDER/JUDGMENT IN CRMC 811/2018 of SESSIONS COURT,THALASSERY
CRIME NO. 100/2018 OF Payyavoor Police Station , Kannur
PETITIONER/ACCUSED:
BABU T.D. @ MATHAI S/O.DEVASYA, AGED 48 YEARS, THANNIPALLI HOUSE, CHANDANAKKAMPARA P.O., PAYYAVOOR AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT.
BY ADVS. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROUGH S.H.O., PAYYAVOOR POLICE STATION, KANNUR DT.
OTHER PRESENT:
SR.PP C.N PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.5131/18
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ORDER
Petitioner herein is the sole accused in Crime No.100 of 2018 of the Payyavoor Police Station for offence punishable under section 379 of the Indian Penal Code.
(i) Petitioner herein shall surrender before the investigation officer within 10 days from today. After interrogation, identification and recovery if any, he shall be released on bail on he executing a bond for a sum of
B.A.5131/18
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Rs.50,000/- (Rupees fifty thousand only) with two sureties. (ii) He shall not get involved in any other identical offence.
(iii) He shall co-operate with the investigation and shall not threaten, coerce or intimidate the defacto complainant and the witnesses.
Sd/-
SUNIL THOMAS
JUDGE
Sbna/
3 issues framed by the court
Whether the petitioner is entitled to bail in offences under section 379 IPC for cutting trees.
Whether custodial interrogation is necessary in the present case.
The conditions to be imposed on the petitioner while on bail.
1 provisions across 1 enactments
Babu T.D. @ Mathai S/o Devasya
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
