IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Crl.MC.No. 2369 of 2009 -------------------------------- CRIME NO.78/2007 OF CUMBUMETTU POLICE STATION, IDUKKI PETITIONER(S)/2ND ACCUSED: ------------------------------------------- NIYAS, AGED 21 YEARS, S/O.SALIM @ SALAM PUTHUPPARAMBIL HOUSE, CHUMATHARA POST, KUTTAPPUZHA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DIST. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT(S): ------------------------ 1. THE S.I.OF POLICE, CHUMBUMMETTU POLICE STATION, IDUKKI DIST. 2. THE DEPUTY SUPERINTENDENT OF POLICE, IDUKKI NARCOTIC CELL, IDUKKI, 3. THE STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,. PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2369 OF 2009 ------------------------------------------ Dated 19th August 2009 O R D E R Petitioner is the second accused in Crime No.78/2007 of Cumbummettu police station registered for the offences under Sections 8(1) and 8(2) of Abkari Act and Section 3(1) of the P.D.P.P Act. Under Annexure-A1 order dated 14/8/2007, learned Sessions Judge granted bail to the petitioner as well as first accused on conditions. One of the conditions was that petitioner shall report before the Investigating officer on every Monday and Thursday between 10 a.m and 11 a.m till a final report is filed. Annexure-A2 notice was issued by the investigating Officer to the petitioner under Section 160 of Code of Criminal Procedure directing him to appear before the Deputy Superintendent of Police on 24/6/2008. Thereafter, Annexure-A4 report was filed before the Magistrate stating that petitioner did not appear and has not complied with the condition in the order granting bail. Thereafter, under Annexure-A6 order, learned CRMC 2369/09 2 Sessions Judge cancelled the bail on 14/5/2009. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A6 order contending that the order was passed without hearing the petitioner and is against natural justice. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-A6 order does not show that notice to the accused was issued before Annexure-A6 order was passed cancelling the bail. It also does not show any reason for cancelling the bail. The order only shows that bail granted to accused 1 and 2 are cancelled and to issue necessary instructions to the concerned Magistrate to issue non bailable warrant against accused 1 and 2 and proceed against the sureties. Learned Sessions Judge should not have cancelled the bail before issuing notice to the accused and granting an opportunity to be heard. Learned Public Prosecutor submitted that Sessions Judge may be directed to re-consider the petition CRMC 2369/09 3 after hearing the prosecution and accused. 4. Petition is allowed. Annexure-A6 order is quashed. Sessions Judge is directed to issue notice to the accused and hear them before cancelling the bail granted under Annexure-A1 order. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.