Dismissed

Souda v. v.Ajith

Kerala HC13 Jul 2011Con.Case(C)/703/2011

Case brief

AI extract

What is this about?

In this contempt case, the petitioner alleged that the Respondent Commissioner of Police committed contempt by remanding her in violation of the Court's earlier bail order. The Court held that the petitioner forfeited her rights under the order by involving herself in new crimes and failing to surrender promptly.

What did the court decide?

The petition for civil contempt was dismissed and all further proceedings were dropped.

Souda Vs v.Ajith — Contempt of Court | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE V.RAMKUMAR

¶4

WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933

¶5

Con. Case (C). No. 703 of 2011()

¶6

----------------------------AGAINST THE JUDGEMENT/ORDER IN BA.5717/2009 ....................

¶7

PETITIONER(S):

¶8

¶9

SOUDA BEEVI, AGED 48 YEARS, D/O.AISHA BEEVI, KOPLI VEEDU, KULASEKHARAPATHI, PATHANAMTHITTA P.O., KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.

¶10

BY ADV. SRI.V.SETHUNATH

¶11

RESPONDENT(S):

¶12

¶13

MR.V.AJITH, AGED 46 YEARS, S/O.VIJAYAN, KODIYIL VEETTIL, CHERINNYOOR, THIRUVANANTHAPURAM. (ASST.COMMISSIONER OF POLICE, DISTRICT SPECIAL BRANCH, KOLLAM.)

¶14

GOVERNMENT PLEADER SRI.C.S. HRITHWIK

¶15

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

APPENDIX

¶17

Annexure- : I Certified copy of the order dated 26-3-2010 in B.A.No. 5717 of 2009

¶18

Annexure - 2: True copy of the Remand application filed by the respondent before the .J F.C.M. , I Pathanamthitta

¶19

Annexure-III - True copy of the Custody application filed by the respondent before the J.F.C.M. I, Pathanamthitta

/true copy/

P.S. to Judge

V. RAMKUMAR, J.

........................................................ Contempt Case (Civil) No. 703 of 2011

¶24

Dated: 13-07-2011

¶25

ORDER

¶26

The petitioner who is the accused in Crime No. 638 of 2007 of Pathanamthitta Police Station for offences punishable under Sections 366 and 376 I.P.C. and Sections 10, 24 (b),(f) & (g) of the Immigration Act, alleges that the respondent Assistant Commissioner of Police, District Special Branch, Kollam has committed civil contempt of Annexure-I order dated 26-3-2010 of this Court.

¶27

According to the petitioner, when she surrendered before the respondent on 20-6-2011, she was arrested and produced before the Magistrate who remanded her to judicial custody in flagrant violation of Annexure - I order.

¶28

As per Annexure-I order dated 26-03-2010, there was a direction by this Court to the Circle Inspector of Police,

¶29

Contempt Case (Civil) No. 703 of 2011 -:2:-

¶30

Pathanamthitta Police Station to release the petitioner on bail on certain conditions for a period of one month in the event of her arrest in connection with the above crime and after the said period of one month she was directed to surrender before the Magistrate concerned for seeking regular bail. Even though the said order was passed on 26-3-2010, the petitioner could not be arrested by the Station House Officer evidently for the reason that she was abroad. She also did not appear before the Station House Officer within reasonable time. She came from abroad and made her appearance only on 20-6-2011. One of the conditions stipulated by this Court in Annexure - I order was that the petitioner shall not commit any offence while on bail. Admittedly, the petitioner has been involved in two other crimes namely, Crime No. 505 of 2011 Pathanamthitta Police Station for offences punishable under Sections 447 and 506 (i) read with Sec. 34 I.P.C. for intimidating the victim lady in the present case and Crime No. 398 of 2011 of Pallikkal Police Station for offences

¶31

Contempt Case (Civil) No. 703 of 2011 -:3:-

¶32

punishable under Sections 417, 419, 465, 468, 471 and 474 read with Sec. 34 I.P.C. and Section 12 (b) of the Indian Passport Act.

¶33

By not surrendering before the Investigating Officer within the reasonable time and by involving herself in two other crimes, the petitioner has virtually forfeited her rights under Annexure - I order. Such a person shall not complain of civil contempt. This petition is accordingly dismissed and all further proceedings are dropped.

¶34

Dated this the 13^th July, 2011.

¶35

Sd/-V. RAMKUMAR, JUDGE.

ani/

/true copy/

P.S. to Judge

Contempt Case (Civil) No. 703 of 2011 -:4:-

¶40

Contempt Case (Civil) No. 703 of 2011 -:5:-

Souda v. v.Ajith

Case brief

What is this about?

What did the court decide?

Souda v. v.Ajith

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

P.Narayanan & Another Vs State of Kerala & Others

P.Narayanan Vs State of Kerala

P.D.Varadarajan Vs State of Kerala

Roy John Vs S.I. of Police , Koodal and Another

Anita K.Nair Vs State of Kerala & Others

Rajendra Prasad and Others Vs Sithara and Another