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madhu mittal (director)     19 April 2012

Citation required

Please provide me following citation, as I could not find it in manupatra cite,

Keralawyer.com,, on www.judis.nic.in,www.indiankanoon.com cites also:

 Manoj Kumar v. State of Kerala (1990 (1) KLT 120) in this citation this is decided,

 "It would appear that the learned Magistrate refused to accept the other applications. The High Court held that the learned Magistrate was bound to pass orders on the applications. "

In trial courts many a times, Presiding Officer refused to accept the applications on various issues and returned them without recording anything on record.

Thanks in advance for cooperation.



Learning

 3 Replies

Deepak Nair (lawyer)     19 April 2012

This judgment is there in indiankanoon.com.

Please take some effort to do search. Laziness will prove costly.

Deepak Nair (lawyer)     19 April 2012

Kerala High Court
Manoj vs State Of Kerala on 7 November, 2008

IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 6670 of 2008()

 

1. MANOJ

... Petitioner

Vs

1. STATE OF KERALA

... Respondent

For Petitioner :SRI.BIJU BALAKRISHNAN For Respondent :PUBLIC PROSECUTOR The Hon'ble MRS. Justice K.HEMA Dated :07/11/2008

O R D E R

K.HEMA, J.

--------------------------------------------- B.A.No.6670 of 2008

--------------------------------------------- Dated this the 7th November, 2008 O R D E R

This petition is for bail.

2. The alleged offences are under Sections 328 and 380 IPC. According to prosecution, petitioner misappropriated himself to be a doctor, who treats senior citizens and administered sedative on persons who approached him and when they were under sedation, he committed theft of gold ornaments belonging to those persons.

3. Petitioner was arrested in this case on 18.8.2008. He is in custody for the past 80 days. Learned counsel for petitioner submitted that petitioner is a tailor by profession and the case is falsely foisted against him.

4. Learned public prosecutor submitted that he has committed various other crimes of similar nature and the recovery of stolen articles were also effected through him. However, he has no objection in granting bail by imposing stringent conditions, it is submitted. BA No.6670/2008 2

5. On hearing both sides, I find that bail can be granted on stringent conditions.

Hence, bail is granted to the petitioner on the following terms and conditions.

(i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders.

(iii) Petitioner shall not leave the limits of police station within which the crime is registered except with prior permission of learned Magistrate. (iv) Petitioner shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled.

The petition is allowed.

K.HEMA, JUDGE

csl

madhu mittal (director)     20 April 2012

Respected Sir,

Thanks a lot for attending my query. But due respect, it was not the said citation that is required by me, this citation of dated 07.11.2008,  but what I required is "Manoj Kumar v. State of Kerala (1990 (1) KLT 120)" that citation belongs either of 1990 or 1989.

Please get sent citation - Manoj Kumar v. State of Kerala (1990 (1) KLT 120) .

with regards,


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