IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 Crl.Rev.Pet.No. 1884 of 2010() ------------------------------------- CMP.4247/2009 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD ........................................................................... REVN. PETITIONER(S): REVISION PETITIONER/ACCUSED -------------------------------------------------------------------------------- MR.R.RAFEEQ MUNEER, S/O.MUHAMMED RAFEEQUE, AGED 24/10, KAMBAR MANZIL, BADIRA, VIDYANAGAR, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): STATE ---------------------------------- STATE OF KERALA, REP.BY S.H.O. KASARAGOD POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR MR. VENUGOPAL M.R. THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/06/2010, ALONG WITH CRRP NO. 571 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------- Crl. R.P.Nos.1884 & 571 of 2010 ------------------------------- Dated this the 24th day of June, 2010. O R D E R Though these revision petitions are preferred by different accused persons in different crime numbers, as the similarity of the subject matter and the question of facts and law, these two revision petitions are heard and disposed of together. 2. Both the revision petitions are preferred challenging the orders of the learned Sessions Judge by which Crl.R.P.1884/10 has come up for admission only on today, whereas Crl.R.P.571/10 has already been admitted and this court passed an interim order of stay of the impugned order, subject to a condition that, the petitioners shall not enter the limits of the Kasaragod Police Station for 10 days. The said order was issued on 18.2.2010 and the same is being extended from time to time. 3. Crl.R.P.571/10 :- This revision petition is preferred by the accused nos.A3 to A5 in Crime No.837/09 of Kasaragod Police Station, where the offences involved are under S.143, Crl. R.P.Nos.1884 & 571 of 2010 2 147, 148, 427 and 153(A) r/w.149 of IPC. There the allegation is that, on 15.11.2009 the accused persons formed themselves into an unlawful assembly, committed rioting and caused damage to the shop of the defacto complainant. After their arrest, they filed C.M.P.No.4265/09 in the Court of Chief Judicial Magistrate, Kasaragod, for bail and by an order dated 26.11.2009, the learned Chief Judicial Magistrate granted bail to those accused, against which the State filed Crl.M.P.No.4472/09 before the Sessions Court, Kasaragod and by an order dated 4.2.2010, the learned Sessions Judge cancelled the bail, which order is challenged in this revision petition. 4. Crl.R.P.1884/10 :- This revision petition is preferred by the 4th accused in Crime No.823/09 of Kasaragod Police Station, connected with an incident that taken place on 15.11.2009, where the offence involved are u/s.143, 147, 148, 341, 326, 294 (b) and 153(A) r/w.149 of IPC. The revision petitioner has preferred C.M.P.No.4247/09 in the court of Chief Judicial Magistrate, Kasaragod, for bail and the same was granted by an Crl. R.P.Nos.1884 & 571 of 2010 3 order dated 25.11.2009. Against the said order, the State filed Crl.M.P.No.4473/09, to cancel the order of bail granted to the petitioners and the same was allowed in the order dated 29.1.2010. In this revision petition, the challenge is against the above order of the learned Sessions Judge, cancelling bail. 5. Heard the counsels appearing for the revision petitioners and also the learned Public Prosecutor. 6. The counsels for the revision petitioners submitted that, accused No.6 in Crime No.837/09 of Kasaragod Police Station was subsequently enlarged on bail as per the order of the Sessions Court, with certain stringent conditions and therefore the petitioners in these revision petitions can also be granted similar relief. 7. The learned Public Prosecutor submitted that, the 3rd petitioner in Crl.R.P.571/10 involved in two other crime cases, wherein S.123(A) is also involved. It is also the submission of the learned Public Prosecutor that, the petitioner in Crl.R.P.1884/10 involved in another crime, namely, Crime Crl. R.P.Nos.1884 & 571 of 2010 4 No.869/09 of the Kasaragod Police Station in which also S.153 (A) is involved. Thus according to the learned Public Prosecutor, the State moved the Sessions Court for cancellation of bail under a particular situation that, during the period between 15.11.2009 and 30.11.2009, about 15 crime cases were registered in the Kasaragod Police Station and in all those cases S.153(A) of IPC is involved. It has also pointed out by the learned Public Prosecutor that, connected with the communal clashes, which taken place in the Kasaragod District, this court while disposing the bail application ie.,B.A.No.2785/09, observed that the bail application connected with the communal violence is a serious matter and directed the Government to take action to curtail the communal violence prevailing in the Kasaragod District. Thus according to the learned Public Prosecutor, learned Chief Judicial Magistrate granted bail to the accused without considering the tense situation in the district and the seriousness of the offence, in which the accused are involved. It is also the further submission of the learned Public Prosecutor Crl. R.P.Nos.1884 & 571 of 2010 5 that, in the light of the High Court observation in the above application about the tense situation, the State moved the Sessions Court for cancellation of bail. 8. The learned counsels for the revision petitioners submitted that, now the entire situation is changed and there is no further communal clashes and no further crimes registered and therefore the petitioners can be granted bail by incorporating the appropriate conditions, especially as in the case of the bail granted to A6 in Crime no.837/09 of Kasaragod Police Station. 9. After considering the arguments advanced by the counsels for the revision petitioners as well as the learned Public Prosecutor and having regard to the materials furnished, I am of the view that the State has taken earnest steps to prevent the communal violence and as a result of which, altogether 31 cases were registered and considering the direction issued by this court the State preferred the petitions before the Sessions Court for cancellation of the bail, already granted to the revision Crl. R.P.Nos.1884 & 571 of 2010 6 petitioners. Thus it can be seen that as a result of the steps taken by the Government, the communal violence is now under the control of the police and no further crimes are repeated vigorously. It is for the State Government to see that the communal harmony is maintained and has taken timely action against the culprits. Therefore, if the revision petitioners and similar accused are let off without any check and measure, the attempt of the Government to control the violence is likely to paralyse. Still then considering the subsequent development, I am of the view that while upholding and confirming the correctness of the orders of the Sessions Court, which is impugned in this revision petition, the above orders need not continue and the petitioners can be released on bail subject to stringent conditions and for that purpose the impugned orders are set aside. In the result, these two criminal revision petitions are disposed of setting aside the impugned orders of the learned Sessions Judge, Kasaragod, dated 4.2.2010 in Crl.M.P.4472/09 Crl. R.P.Nos.1884 & 571 of 2010 7 of the Court of Sessions, Kasaragod and also the order dated 29.1.2010 in Crl.M.P.4473/09. Accordingly, the petitioners are ordered to release on bail, on their executing a fresh Bond in suppression of the earlier Bond executed by them, for an amount of Rs.50,000/-, with two solvent sureties each for the like amount to the satisfaction of Chief Judicial Magistrate Court, Kasaragod, subject to the following conditions :- 1.The revision petitioners shall not leave the limit of the Kasaragod District, without previous sanction from the Chief Judicial Magistrate Court, Kasaragod. 2.The revision petitioners shall report before the Station House Officer, Kasaragod Police Station, on every wednesday, between 10 and 11 A.M. 3.The revision petitioners shall produce their passport in the Chief Judicial Magistrate Court, Kasaragod and those who are not having passport, shall file an affidavit to that effect in the same court. Crl. R.P.Nos.1884 & 571 of 2010 8 4.The revision petitioners shall not involve in any crime or similar crime, during their bail period. 5.The revision petitioners shall not interfere with the investigation and tamper the evidence or try to influence the witnesses. 6.In case of any violation of any of the above conditions, the Station House Officer is free to move the Chief Judicial Magistrate Court, Kasaragod, for cancellation of bail. 7.It is also directed that, these conditions shall be in force, till the filing of the report after investigation in the crime. Criminal revision petitions are disposed of accordingly. V.K.MOHANAN, Judge. ami/