Deepa vs the State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1603233
CourtKerala Orders High Court
Decided OnFeb-25-2021
Case NumberCRL.A/98/2021
JudgeHonourable Mr. Justice B.Sudheendra Kumar
AppellantDEEPA
RespondentThe State of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice b.sudheendra kumar thursday, the 25th day of february 2021 / 6th phalguna, 1942 crl.a.no.98 of 2021 against the order/judgment in crmp 1559/2020 dated 07-10-2020 of district court& sessions court,pathanamthitta crime no.2272/2020 of koipuram police station, pathanamthitta appellant/s: 1 deepa, aged 25 years, w/o varghese thomas, maliyeckal mannil, 2 molly thomas, w/o thomas vargeese,maliyeckal mannil, vallickala muri,kuravankuzhi.p.o,koipuram, 3 anil @ vargeesa thomas, aged 28 years, s/o thomas vargeese,maliyeckal mannil, by advs. sri.manu ramachandran sri.m.kiranlal sri.r.rajesh (varkala) sri.t.s.sarath shri.sameer m nairrespondent/s: 1 the state of kerala, represented by public prosecutor, high court of kerala,ernakulam-682031. -2- 2 the station house officer, police station of koipuram, pathanamthitta district-689531. 3 indira bhai, w/o raju.p.t,chalunkal puthenveedu, vallickala,kuravankuzhi.p.o, koipuram village, other present: smt. m. k. pushpalatha, sr.pp this criminal appeal having been finally heard on 25.02.2021, the court on the same day delivered the following: -3-judgmentdismissed as withdrawn. however, the appellants are directed to surrender before the investigating officer within ten days, if not arrested in the meantime. if the appellants surrender before the investigating officer as directed above, the investigating officer shall produce the appellants before the jurisdictional court on the same day after interrogation and due intimation to the victim. if the appellants file any application for regular bail on theirproduction before the jurisdictional court, after giving copy of the application for bail in advance to the learned special-4- public prosecutor concerned, to enable the learned special public prosecutor to inform the victim as provided under section 15-a(3) of the scheduled castes and scheduled tribes (prevention of atrocities) act, the court concerned shall consider and dispose of the application for regular bail, in accordance with law, as expeditiously as possible, preferably on the date of production itself. sd/- b. sudheendra kumar, judge stk
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942 CRL.A.No.98 OF 2021 AGAINST THE ORDER/JUDGMENT IN CRMP 1559/2020 DATED 07-10-2020 OF DISTRICT COURT& SESSIONS COURT,PATHANAMTHITTA CRIME NO.2272/2020 OF Koipuram Police Station, Pathanamthitta APPELLANT/S: 1 DEEPA, AGED 25 YEARS, W/O VARGHESE THOMAS, MALIYECKAL MANNIL, 2 MOLLY THOMAS, W/O THOMAS VARGEESE,MALIYECKAL MANNIL, VALLICKALA MURI,KURAVANKUZHI.P.O,KOIPURAM, 3 ANIL @ VARGEESA THOMAS, AGED 28 YEARS, S/O THOMAS VARGEESE,MALIYECKAL MANNIL, BY ADVS. SRI.MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.R.RAJESH (VARKALA) SRI.T.S.SARATH SHRI.SAMEER M NAIR

RESPONDENT/S: 1 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031. -2- 2 THE STATION HOUSE OFFICER, POLICE STATION OF KOIPURAM, PATHANAMTHITTA DISTRICT-689531. 3 INDIRA BHAI, W/O RAJU.P.T,CHALUNKAL PUTHENVEEDU, VALLICKALA,KURAVANKUZHI.P.O, KOIPURAM VILLAGE, OTHER PRESENT: SMT. M. K. PUSHPALATHA, SR.PP THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 25.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-

JUDGMENT

Dismissed as withdrawn. However, the appellants are directed to surrender before the Investigating Officer within ten days, if not arrested in the meantime. If the appellants surrender before the Investigating Officer as directed above, the Investigating Officer shall produce the appellants before the Jurisdictional Court on the same day after interrogation and due intimation to the victim. If the appellants file any application for regular bail on their

production           before       the     Jurisdictional     Court,
after       giving         copy    of      the    application     for
bail       in      advance        to      the    learned    Special

-4- Public Prosecutor concerned, to enable the learned Special Public Prosecutor to inform the victim as provided under Section 15-A(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the court concerned shall consider and dispose of the application for regular bail, in accordance with law, as expeditiously as possible, preferably on the date of production itself. sd/- B. SUDHEENDRA KUMAR, JUDGE STK