Petitioners, legal heirs of a deceased 2nd accused in a fraud case, sought release of a bank guarantee deposited as a bail condition. The court directed the Magistrate to consider the petition expeditiously within three weeks.
Direction issued to the learned Magistrate to consider and pass orders in the pending bail petition within three weeks.
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 RAJA VIJAYARAGHAVAN V
THURSDAY, THE 9TH DAY OF JUNE 2016/19TH JYAISHTA, 1938
Crl.MC.No. 2866 of 2016
CRIME NO. 735/CR/EOW-I/KLM OF CBCID, HQ, TRIVANDRUM
PETITIONER(S)/LEGAL HEIRS OF DECEASED 2ND ACCUSED:
1. E.P.VIJAYAKUMARI, AGED 57 YEARS, W/O. LATE K.K KRISHNANKUTTY NAIR, CHAITHANYA, NJETTUR, KULANDA P.O, PATHANAMTHITTA, PIN - 689 503.
2. DIVYA K NAIR,
3. DHANYA K NAIR,
BY ADVS.SRI.T.M.RAMAN KARTHA SRI.I.SREEHARI SMT.SYAMA MOHAN
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 035.
2. DEPUTY SUPERINTENDENT OF POLICE (ADMN), CBCID, TRIVANDRUM, PIN 695 001.
BY PUBLIC PROSECUTOR SMT.SEENA RAMAKRISHNAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
Crl.MC.No. 2866 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES
ANNEXURE I: TRUE COPY THE BAIL ORDER DATED 24-02-2014 IN BA NO 1225/2014 OF THIS HON'BLE COURT
ANNEXURE II: TRUE COPY OF THE BANK GUARANTEE DATED 03/03/2014
ANNEXURE III: TRUE COPY OF THE DEATH CERTIFICATE DATED 11/03/2016
RESPONDENT(S)' ANNEXURES
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
RAJA VIJAYARAGHAVAN.V., J
Crl.M.C. No. 2866 of 2016
ORDER
Crime No.735/CR/EOW-I/KLM of the CBCID, HQ,
Thiruvananthapuram was registered for the offences punishable under Section 409 and 477 A read with Section 34 of the IPC in connection with the alleged misappropriation of a sum of Rs.1,29,720/- from the Kulanada Service Co-operative Bank. K.K. Krishnankutty Nair, the husband of the 1st petitioner herein was arrayed as accused No.2 in the aforesaid crime.
Crl.M.C. No. 2866 of 2016 -2-
Magistrate while executing the bail bond. It was further ordered that if the case was decided against the petitioner and he is directed to pay compensation to the Bank or, as per any decree or award and the amount is found due to the bank, such amount can be recovered by enforcing the bank guarantee.
Crl.M.C. No. 2866 of 2016 -3-
appropriate the amount.
It is revealed that the entire case records were forwarded to the court of Enquiry Commissioner and Special Judge (Vigilance), Vigilance Court, Kottayam, where the case is now pending. It is also stated that no orders have been passed in Crl.M.P.No.2917 of 2016 till date.
Crl.M.C. No. 2866 of 2016 -4-
Having regard to the facts and circumstances , this petition is disposed off, directing the learned Magistrate to consider and pass orders in Crl.M.P.No.2917 of 2016 in an expeditious manner, at any rate, within a period of three weeks form the date of receipt of a copy of this order.
Sd/-
RAJA VIJAYARAGHAVAN.V., JUDGE
kp/-9.6.16
2 issues framed by the court
Whether the bank guarantee furnished as a condition for pre-arrest bail should be retained after the death of the accused.
Whether proceedings against a deceased accused have abated under criminal law.
E.P. VIJAYAKUMARI
DIVYA K NAIR
DHANYA K NAIR
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
