IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Crl.MC.No. 2227 of 2008() ------------------------- CRIME NO.155/08 OF VADAKKEKKAD POLICE STATION PETITIONER: ------------ MOUSHI N.P., D/O.MUHAMMED ALI, MUMTHAS MAHAL, CUSTOMS ROAD, VADAKARA, KOZHIKODE STATE, PIN - 673 103. BY ADV. SRI.K.ANAND RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ALIKUTTY, S/O.ABOOBACKER, PUTHOORA KAI, AVIYOOR, EDAKKARA P.O., CHAVAKKAD, THRISSUR. BY PUBLIC PROSECUTOR SRI.AMJAD ALI SRI.RAJIT FOR R2 SRI.RANJIT BABU FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2227 of 2008 ------------------------------------- Dated this the 11th day of July, 2008 ORDER Petitioner is the alleged victim in a crime registered initially under the caption `woman missing' and later under Section 366 A and 376 I.P.C. The accused came before this Court and an another Bench of this Court had granted anticipatory bail subject to conditions. The petitioner now prays that the anticipatory bail granted to the accused may be cancelled. 2. What is the reason ? The learned counsel for the petitioner submits that the accused has not been complying with the conditions of the order granting bail to him. He is threatening the witnesses. On 03.06.08 he threatened the witness. He is disturbing the petitioner by frequent calls over the telephone. In these circumstances anticipatory bail granted to the accused may be cancelled, it is prayed. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor also reports that there was an incident in which the accused had allegedly threatened a witness. 4. The learned counsel for the respondent/accused submits that the allegations are totally misconceived and raised without any justification. The counsel submits that there was no Crl.M.C. No.2227 of 2008 2 incident of abduction, kidnapping or rape. The respondent and the petitioner were in love. The lovers had gone together and false and vexatious allegations are being raised subsequently of kidnapping, rape etc. Because of the strain in the relationship such false allegations are being raised. The petitioner is now residing in Kozhikode District. The respondent/accused will undertake that he shall not go to Kozhikode district at all. In these circumstances this petition may be dismissed imposing such additional condition if necessary to allay any apprehension which the petitioner may have. 5. I reckon that as a fair and reasonable stand taken by the respondent/accused. I am satisfied that no circumstances have been shown to exist which can justify the invocation of the power to cancel the bail. I am satisfied that imposition of an additional condition shall eminently serve the ends of justice. 6. This petition is, in these circumstances, dismissed, but an additional condition is imposed that the respondent/accused shall not enter the Sessions Division of Kozhikode District until further orders without the prior permission of the learned Magistrate. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.2227 of 2008 3