Disposed

Syamala v. State of Kerala

Kerala HC11 Feb 2020WP(C)/1093/2020

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Kerala directed the petitioner, whose relative was acquitted under Section 84 IPC but placed under Section 335 Cr.P.C., to approach the trial court for delivery of the accused. The court ordered that upon furnishing security, the person be delivered to the petitioner under Section 335(3) Cr.P.C. subject to the police report.

What did the court decide?

Petitioner directed to approach the trial court for delivery of the accused under S. 335(3) Cr.P.C. upon furnishing security.

Syamala Vs State of Kerala — Child Custody and Guardianship | Kerala HC (2020)

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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 ASHOK MENON

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TUESDAY, THE 11TH DAY OF FEBRUARY 2020 / 22ND MAGHA, 1941

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WP(C).No.1093 OF 2020(J)

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PETITIONER:

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SYAMALA AGED 54 YEARS W/O. DHARMARAJAN, SYAMALA BHAVAN, PATHIYOOR PANCHAYATH, ALAPPUZHA DISTRICT, PIN-690 572.

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BY ADVS. SRI.B.RENJITHKUMAR SRI.T.PRADEEP KUMAR SMT.JISHA P.C. SRI.B.AKSHITHA

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL ADMINISRATION, GOVERNMENT OF KERALA, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE SECRETARY DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KERALA, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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SR PP SRI C S HRITHWIK

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1093 OF 2020(J)

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JUDGMENT

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Dated this the 11th day of February 2020

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The petitioner has approached this Court to

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get custody of her relative who was acquitted by this Court under Section 84 of the IPC for offences punishable under Sections 449, 307 and 302 of the IPC subject to Section 335(1)(a) of the Cr.P.C.

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The petitioner had approached the 2^nd

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respondent for release of her relative in consequence to Section 335 of the Cr.P.C, but no action has been taken. The petitioner has not approached the trial court.

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The petitioner is therefore, directed to approach the trial court with an application under Section 335(3) of the Cr.P.C for delivery of the accused to her under Clause B of Sub-

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WP(C).No.1093 OF 2020(J)

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Section (1) of Section 335, and on such application being made before the trial court and on her furnishing security to the satisfaction of the court, the person shall be delivered to her in accordance with Section 335(3)(a)&(b) of the Cr.P.C subject to such report as may be filed by the second respondent under Sections 338 and 339 of the Cr.P.C. On such application being filed, it shall be disposed of as expeditiously as possible by the trial court in accordance with provisions under Chapter XXV of the Cr.P.C.

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The writ petition is disposed of as above.

Sd/-

ASHOK MENON

JUDGE

spk

WP(C).No.1093 OF 2020(J)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 6.12.2019 IN CRL.APPEAL 221/2016 OF THIS HON'BLE COURT.

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EXHIBIT P2 TRUE COPY OF THE REQUEST DATED 16.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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RESPONDENT'S/S EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Syamala v. State of Kerala

Case brief

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What did the court decide?

Syamala v. State of Kerala

Case brief

What is this about?

What did the court decide?

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