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Viswanathan Nair vs Sub

High Court Of Kerala|12 June, 2014
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JUDGMENT / ORDER

Petitioner is accused in Crime Nos.966 and 965 of 2014, respectively of the Valiyathura Police Station for various offences under the Indian Penal Code and the Kerala Police Act. 2. It is stated that when the Food Safety Officers attempted to inspect godown of the FCI, there was a clash. Consequently the aforesaid cases are registered. To some of the accused involved in the aforesaid crime cases, this Court has granted relief.
3. Learned Public prosecutor has submitted that in Crime No.965 of 2013 final report is filed in the court of learned Judicial First Class Magistrate-II, Thiruvananthapuram on 01.04.2014 and the case is taken on file as C.C. No.1562 of 2014. In Crime No.966 of 2013, final report is filed in the same court on 31.03.2014 and the case is taken on file as C.C. No.1561 of 2014.
4. In the light of the earlier orders this Court has passed and as final reports are filed, custody of the petitioner is not required. Hence I am inclined to grant relief.
Applications are allowed as under:
(i) Petitioner is granted bail in Crime Nos.965 and 966 of 2013 of the Valiyathura Police Station.
(ii) Petitioner shall surrender before the learned Judicial First Class Magistrate-II, Thiruvananthapuram in the aforesaid crime cases on or before 20.06.2014.
(iii) On such surrender, the petitioner shall be released, if not required to be detained otherwise on bail on his executing bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall report to the officers investigating the cases if and when required for interrogation.
(c) Petitioner shall not get involved in any offence during the period of this bail.
(d) Petitioner shall not intimidate or influence the witnesses.
(iv) In case the petitioner violates any of conditions (b) to (d), it is open to the investigating Officer to move the learned magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
It is made clear that in case petitioner does not surrender before the learned magistrate as directed above, this order granting bail will cease to be effective on the expiry of the time granted hereby.
THOMAS P. JOSEPH, JUDGE.
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Title

Viswanathan Nair vs Sub

Court

High Court Of Kerala

JudgmentDate
12 June, 2014
Judges
  • Thomas P Joseph
Advocates
  • Sri Thirumala P K Mani