Dismissed

B.Geetha Kumari v. the State of Kerala and Others

Kerala HC12 Aug 2009Crl.MC/2014/2009

Case brief

AI extract

What is this about?

Petitioner, an accused in another case, sought a direction for the Magistrate to decide her surrender bail application immediately. The High Court dismissed the petition, finding no reason to assume the Magistrate would not follow the law and act without delay.

What did the court decide?

Direction to the Magistrate was refused; the petition for anticipatory relief regarding bail disposal timeline was dismissed.

B.Geetha Kumari Vs the State of Kerala and Others — Kerala HC (2009) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931

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Crl.MC.No. 2014 of 2009

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---------------------------------(ORDER IN CRL.RP.1116/2008 OF THIS COURT, CC.NO.425/2001 OF JUDL. MAGISTRATE OF FIRST CLASS COURT -II, NEYYATTINKARA)

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PETITIONER/ IST RESPONDENT:

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-----------------------------------------------

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B.GEETHA KUMARI, W/O.SIVADAS, KALLIYARA MEKKEPUTHEN VEEDU, PONNUMANGALAM, NEMOM VILLAGE, THIRUVANANTHAPURAM.

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BY ADV. MR.M.RAMACHANDRAN NAIR.

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RESPONDENTS:

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------------------------

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1. THE STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2. DIRECTOR GENERAL OF POLICE, (LAW & ORDER), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.

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3. THE CITY POLICE COMMISSIONER, ERNAKULAM.

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4. THE STATION HOUSE OFFICER, KALAMASSERY POLICE STATION, KALAMASSERY, ERNAKULAM.

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5. THE STATION HOUSE OFFICER, THRIPUNITHURA POLICE STATION, THRIPUNITHURA, ERNAKULAM.

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CRL.M.C. NO. 2014/2009:

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6. C.K.RAVEENDRAN, XVII/723/4, 'ANUPAMA', PALIPARAMBUKAVU, VARIYAMPURAM, NEAR M.K.K.NAGAR, THRIPUNITHURA, ERNAKULAM.

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R1 TO R5 BY PUBLIC PROSECUTOR MR. S.U. NAZAR.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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prv.

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M.Sasidharan Nambiar, J.

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Crl.M.C.No.2104 of 2009

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ORDER

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Petitioner is the accused in C.C.No.2/08 on the

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file of the Judicial First Class Magistrate's Court-I, Thiruvananthapuram. The case of the petitioner is that the co-accused were acquitted and as she was working abroad along with her husband, she could not appear before the court and therefore, the case as against her was split up and re-filed and petitioner apprehends that if she surrenders learned Magistrate would remand her to custody. Petitioner seeks a direction to the Magistrate to dispose of the application for bail to be moved on the date of her surrender itself.

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When an application is filed for bail after

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surrender, learned Magistrate is expected to pass orders on the application without delay. I find no reason to believe that Magistrate is unaware of the provisions of law or the decisions of this Court or

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CRMC 2104/09 2

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the Apex Court or that Magistrate will not act in accordance with law or that if the facts are brought to the notice of the Magistrate he will not pass appropriate orders on the application. Hence, no direction is warranted.

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Petition is dismissed.

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1^st July, 2009 (M.Sasidharan Nambiar, Judge) tkv

B.Geetha Kumari v. the State of Kerala and Others

Case brief

What is this about?

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B.Geetha Kumari v. the State of Kerala and Others

Case brief

What is this about?

What did the court decide?

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