Mohanan Pillai v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 9TH DAY OF OCTOBER 2015/17TH ASWINA, 1937 Bail Appl..No. 5990 of 2015 ------------------------------- CRIME NO. 747/2012 OF CBCID, THIRUVANANTHAPURAM. CRIME NO.151/2011 OF KURATHIKADU POLICE STATION, ALAPPUZHA DISTRICT. ....

PETITIONER/ACCUSED:

---------------------------------- MOHANAN PILLAI, AGED 60 YEARS, S/O.BALAKRISHNA PILLAI, MOHANA SADANAM, BHARANIKAVU NORTH, KATTANAM VILAGE, MAVELIKARA, ALAPPUZHA.

BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G SRI.DIPU JAMES RESPONDENT(S)/COMPLAINANTS:

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1. STATE OF KERALA, REPRESENTED BY DY. SUPERINTENDANT OF POLICE, CBCID, THIRUVANANTHAPURAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. SUB INSPECTOR OF POLICE, KURATHIKADU POLICE STATION, ALAPUZHA DISTRICT, THROUGH BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

-------------------------------------- B.A. No.5990 of 2015 -------------------------------------- Dated this the 9th day of October, 2015

ORDER

Application under Section 438 of the Code of Criminal Procedure.

2.

Petitioner is the first accused in Crime No.747 of 2012 of CBCID, Thiruvananthapuram. The case was originally registered as Crime No.151 of 2011 of Kurathikad Police Station. Offences alleged are under Sections 380 and 406 of the Indian Penal Code. 3.

Heard both sides.

4.

Learned counsel for the petitioner submitted that there is a civil dispute between the parties in connection with the administration of a temple. Annexure-A2 is the plaint. Petitioner is the 5th defendant in the case.

5.

Learned Prosecutor opposed the bail application. The order of bail passed by this Court to the petitioner under Section 438 of the Code of Criminal Procedure has been produced. Petitioner is not able to show any change of circumstances warranting invocation of the jurisdiction under Section 438 of the Code of Criminal

BA No.5990/2015 Procedure in this case. Therefore, I find no merit in the application. Bail application is dismissed.

A. HARIPRASAD, JUDGE.

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