Disposed

Bindhu v. State of Kerala

Kerala HC3 Jun 2016Crl.MC/3322/2016

Case brief

AI extract

What is this about?

, The High Court of Kerala directed an accused woman to surrender to the Sessions Court within two weeks to apply for bail under Section 482 CrPC, keeping coercive proceedings in abeyance. The Court held that overriding the Sessions Judge's discretion is unjustified.

What did the court decide?

Petitioner directed to surrender within two weeks, apply for bail, and keep coercive proceedings in abeyance until application is disposed.

Bindhu Vs State of Kerala — Bail and Remand | Kerala HC (2016)

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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 RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 3RD DAY OF JUNE 2016/13TH JYAISHTA, 1938H

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Crl.MC.No. 3322 of 2016 ()

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PETITIONER(S)/ACCUSED:

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BINDHU,

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AGED 50 YEARS, KIZHAKKUMKARA PUTHEN VEEDU, AYANIYARATHU, NEYYATTINKARA, THIRUVANANTHAPURAM.

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BY ADV. SRI.SYAM J SAM

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RESPONDENT(S)/STATE:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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R BY SMT.SAREENA GEORGE, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RAJA VIJAYARAGHAVAN.V, J

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- - - - Crl.M.C.3322 of 2016

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- - - - Dated 3^rd June, 2016

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ORDER

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1.The petitioner is the accused in L.P. 14 of 2014 on the files of the Additional Sessions Court, Neyyattinkara. She is being proceeded against for having committed offence punishable under Section 8(1) and (2) of the Abkari Act.

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2.It is submitted by the learned counsel that crime was originally registered against the husband of the petitioner and she was implicated only because of the fact that she was also residing in the same house with her husband. The petitioner is working as a house maid abroad and she was unaware of the pendency of the criminal proceedings. After the registration of the crime, her husband had passed away and now the petitioner wants to

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Crl.M.C.3322/16

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come down to India and co-operate with the trial. Her apprehension is that if she surrenders before the learned Sessions Court and applies for grant of bail, the same will be rejected in view of the fact that non-bailable warrants are pending against her. She seeks a direction to the learned Sessions Judge to consider her application for recalling the warrant and to enlarge her on bail on the date of surrender.

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3.This Court in exercise of powers under Section

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482 of the Code will not be justified in interfering with the discretion of the learned Sessions Judge in granting bail.

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4.It is for the petitioner to approach the Court below and appraise the reason for her absence and to seek for recalling the warrant. There is no reason to believe that the learned Sessions Judge shall not exercise its discretion judicially

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Crl.M.C.3322/16

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and in accordance with law.

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5.In the result, the petitioner is directed to surrender before the Court below within 2 weeks from the date of this order and prefer application for bail with due notice to the learned Government Pleader concerned. The learned Additional Sessions Judge is directed to consider and dispose of the said application, preferably on the same day itself, uninfluenced by the pendency of the warrant. Till then, coercive proceedings shall be kept in abeyance. The petition is disposed off as above.

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Sd/-

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RAJA VIJAYARAGHAVAN.V. Judge

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Mrcs/3.6.2016

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//True Copy//

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P.S.To Judge

Bindhu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bindhu v. State of Kerala

Case brief

What is this about?

What did the court decide?

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