Kerala High Court
K.Gopinathan vs V.K.Ramachandran on 16 June, 2008
Author: V.Ramkumar
Bench: V.Ramkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1917 of 2008()
1. K.GOPINATHAN, ANUPAMA, KAVILPAD POST,
... Petitioner
Vs
1. V.K.RAMACHANDRAN, SANDYA, SURYANAGAR
... Respondent
2. MALINI CHANDRAN, SANDYA, SURYANGAR, KALL
3. STATE OF KERALA, REP. BY PUBLIC
For Petitioner :SRI.G.JANARDHANA KURUP (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :16/06/2008
O R D E R
V.RAMKUMAR, J.
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CRL.R.P. NO. 1917 OF 2008
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Dated this the 16th day of June 2008
ORDER
Heard both sides.
2. Petitioner, who is the father of one Anitha Pathiyil who died of burn injuries at her matrimonial home in the United States of America, challenges Annexure-A order dated 31.5.2008 passed by the JFCM, Palakkad permitting respondents 1 and 2 (accused Nos.2 and 3) to leave India for the period from 15.6.2008 to 15.10.2008 for the purpose of visiting their second son Sajeesh and for attending the official graduation ceremony of Sajeesh scheduled to be held in August 2008.
3. On the directions of this Court, respondents 1 and 2 have appeared in person before this Court today. Both of them as well as their counsel Sri.Jacob Sebastian have stated that they were interrogated by the DYSP who was in charge of the investigation.
4. The impugned order was passed by the learned Magistrate in compliance with the order dated 12.7.2007 passed by this Court in B.A.4184/2007 while granting anticipatory bail to CRRP 1917/2008 2 respondents 1 and 2. One of the bail conditions imposed by this Court was that respondents 1 and 2 herein shall not leave India without prior permission of the learned Magistrate. That is why respondents 1 and 2 moved the Magistrate seeking permission.
3. Even though this Court did not impose any further fetters while imposing the above condition, in view of the apprehension expressed by the petitioner that this was a case of dowry death and respondents 1 and 2 if unconditionally permitted to leave the country, may flee from justice, the learned Magistrate shall insist on respondents 1 and 2 executing a bond for such amount and on such conditions which ensure their presence during the trial of the case. Respondents 1 and 2 shall be entitled to leave India only after executing the said bond within a week from today.
This Crl.Revision Petition is disposed of as above.
V.RAMKUMAR, JUDGE
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CRRP 1917/2008 3