IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Con. Case (C). No. 703 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.5717/2009 .................... PETITIONER(S): --------------- SOUDA BEEVI, AGED 48 YEARS, D/O.AISHA BEEVI, KOPLI VEEDU, KULASEKHARAPATHI, PATHANAMTHITTA P.O., KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): --------------- MR.V.AJITH, AGED 46 YEARS, S/O.VIJAYAN, KODIYIL VEETTIL, CHERINNYOOR, THIRUVANANTHAPURAM. (ASST.COMMISSIONER OF POLICE, DISTRICT SPECIAL BRANCH, KOLLAM.) GOVERNMENT PLEADER SRI.C.S. HRITHWIK THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX - : 26-3-2010 Annexure I Certified copy of the order dated in . . . 5717 2009 B A No of - 2: Annexure True copy of the Remand application filed . . . . , by the respondent before the J F C M I Pathanamthitta Annexure-III - True copy of the Custody application filed by the respondent before the J.F.C.M. I, Pathanamthitta /true copy/ P.S. to Judge V. RAMKUMAR, J. ........................................................ Contempt Case (Civil) No. 703 of 2011 ......................................................... Dated: 13-07-2011 ORDER The petitioner who is the accused in Crime No. 638 of 2007 of Pathanamthitta Police Station for offences punishable under Sections 366 and 376 I.P.C. and Sections 10, 24 (b),(f) & (g) of the Immigration Act, alleges that the respondent Assistant Commissioner of Police, District Special Branch, Kollam has committed civil contempt of Annexure-I order dated 26-3-2010 of this Court. 2. According to the petitioner, when she surrendered before the respondent on 20-6-2011, she was arrested and produced before the Magistrate who remanded her to judicial custody in flagrant violation of Annexure - I order. 3. As per Annexure-I order dated 26-03-2010, there was a direction by this Court to the Circle Inspector of Police, Contempt Case (Civil) No. 703 of 2011 -:2:- Pathanamthitta Police Station to release the petitioner on bail on certain conditions for a period of one month in the event of her arrest in connection with the above crime and after the said period of one month she was directed to surrender before the Magistrate concerned for seeking regular bail. Even though the said order was passed on 26-3-2010, the petitioner could not be arrested by the Station House Officer evidently for the reason that she was abroad. She also did not appear before the Station House Officer within reasonable time. She came from abroad and made her appearance only on 20-6-2011. One of the conditions stipulated by this Court in Annexure - I order was that the petitioner shall not commit any offence while on bail. Admittedly, the petitioner has been involved in two other crimes namely, Crime No. 505 of 2011 Pathanamthitta Police Station for offences punishable under Sections 447 and 506 (i) read with Sec. 34 I.P.C. for intimidating the victim lady in the present case and Crime No. 398 of 2011 of Pallikkal Police Station for offences Contempt Case (Civil) No. 703 of 2011 -:3:- punishable under Sections 417, 419, 465, 468, 471 and 474 read with Sec. 34 I.P.C. and Section 12 (b) of the Indian Passport Act. 3. By not surrendering before the Investigating Officer within the reasonable time and by involving herself in two other crimes, the petitioner has virtually forfeited her rights under Annexure - I order. Such a person shall not complain of civil contempt. This petition is accordingly dismissed and all further proceedings are dropped. Dated this the 13th July, 2011. Sd/-V. RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge Contempt Case (Civil) No. 703 of 2011 -:4:- Contempt Case (Civil) No. 703 of 2011 -:5:-