T.A. Kishore v. State of Kerala
Case brief
What is this about?
In Criminal Misc. Case No. 6450 of 2022, the Kerala High Court held that imposing a condition to deposit an amount as part payment of dues before granting bail was unjustifiable. The court deleted the said condition from the impugned order, stating that bail proceedings cannot be used as a mechanism for recovering alleged dues.
What did the court decide?
Deleted the condition in the bail order directing the petitioners to deposit Rs. 50,000/- before the court.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 22ND DAY OF SEPTEMBER 2022/31ST BHADRA, 1944 CRL.MC NO. 6450 OF 2022
CRMP 2322/2022 OF ADDITIONAL SESSIONS COURT(ADHOC) III, THRISSUR
PETITIONER/S:
1 T.A. KISHORE AGED 52 YEARS THAIKOOTTATHIL HOUSE, PALLIPURAM, PALLIPORT P.O. - 683 515, ERNAKULAM DISTRICT., PIN - 683515 2 T.A. SHAJI AGED 50 YEARS S/O. ATHMAJAN, THAIKOOTTATHIL HOUSE, PALLIPURAM, PALLIPORT P.O. - 683 515, ERNAKULAM DISTRICT., PIN - 683515 BY ADVS. BONNY BENNY M.RAMESH CHANDER (SR.) C.K.RAPHEEQUE P.M.RAJAGOPAL BALU TOM BEJOY JOSEPH P.J. GOVIND G. NAIR
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
ADV. SREEJA V. - Sr. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.09.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Issues for consideration
2 issues framed by the court
Whether the condition ordering the accused to deposit an amount as part payment of dues towards bail is justifiable.
Whether the bail order can be treated as a mechanism for realization of amounts claimed to be due.
Parties & counsel
- petitioner
T.A. KISHORE
- petitioner
T.A. SHAJI
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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