High Court of Kerala disposed of a criminal miscellaneous case. The petitioner challenged a show cause notice issued by the trial court for violation of bond conditions. The High Court directed the petitioner to submit a representation within 10 days.
10 days time granted to submit representation to the show cause notice.
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 V.RAMKUMAR
THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929
Crl.MC.No. 135 of 2008()
-----------------------SC.997/2006 of ADDL. SESSIONS COURT (ADHOC), TRIVANDRUM
PETITIONER:
S.GOPALAKRISHNAN, AGED 48 YEARS, S/O. K.S.SUNDARA PARIPURNAM, RESIDING AT TC 40/366, SECOND PUTHEN STREET, MANACAUD, THIRUVANANTHAPURAM-9.
BY ADV. SRI.K.L.NARASIMHAN SRI.V.SANTHARAM SRI.KRISHNA PRASAD SRI.ANTO THOMAS SRI.LAKSHMEESH.S.KAMATH
RESPONDENTS:
STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-01-2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
= = = = = = = = = = = = = Crl.M.C.No.135 of 2008
= = = = = = = = = = = = = = Dated this the 10th day of January, 2008
ORDER
The petitioner, who is the de facto complainant of Crime No.370/2002 of Fort Police Station , Thiruvananthapuram for an offence punishable, inter alia, under Section 302 IPC challenges Annexure IV order dated 26.12.07 passed by the Additional Sessions Judge, Fast Track(Ad hoc) No.1, Thiruvananthapuram and Annexure IX show cause notice issued to the petitioner in pursuance of Annexure IV order.
2
Crl.M.C.No.135 of 2008
Film Serial No.GC 400 A&A- 1760 Nos., Profoto-1 No., Camera No.KB10 - 44 Nos., Camera No.KB 12 - 5 Nos., Camera Kroma - 3 Nos.
3
Crl.M.C.No.135 of 2008
that the petitioner had violated the conditions of the bond. As per Annexure IV order, the trial court directed to issue notices to the petitioner and his two sureties, directing them to show cause why further steps should not be taken against them including realisation of bond amount of Rs.3 lakhs, in case of failure to produce the articles received on Moonam Sthanam. Annexure IX -show cause notice was also served on the petitioner herein.
4
Crl.M.C.No.135 of 2008
which the petitioner executed in favour of the court undertaking to forfeit to the Government Rs.3 lakhs, is not before me, it is not possible to ascertain the exact condition of the bond or the wording of the undertaking. Hence, the petitioner is free to make his submissions before the court below in terms of the bond as well.
The petitioner is given 10 days time from today to submit his representation to the show cause notice.
V. RAMKUMAR, JUDGE
sj
2 issues framed by the court
Whether the petitioner's representation against the conditions of a bond regarding forfeited properties should be allowed.
Whether the petitioner should be granted time to submit a representation before the trial court considers the show cause notice.
1 provisions across 1 enactments
S.Gopalkrishnan
State of Kerala
V.Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
