IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 Crl.MC.No. 249 of 2008() ---------------------------- CRIME NO. 333 OF 2007 of KUTHUPARAMBA POLICE STATION CRL. M.C. NO. 1749/2007 of SESSIONS COURT, THALASSERRY .................... PETITIONER: COMPLAINANT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR RESPONDENTS: ACCUSED 1 TO 6: 1. N.C. HUSSAIN, S/O. AHAMMED, N.C. HOUSE, P.O. VENGAD. 2. K.P. AREEF, S/O. ALI, NAFEESA MANZIL, P.O. VENGAD. 3. C.V. SIYAD, S/O. AHAMMED HAJI, RESIDING AT C.V. LAND, P.O. VENGAD. 4. N.P. AHAMMEDKUTTY, S/O. MAMMED, RESIDING AT C.P.K.H. HOUSE, P.O. VENGAD. 5. K.P. NURUEDIN, S/O. KADER, RESIDING AT VALLAPPIL HOUSE, P.O. VENGAD. 6. K.N. HUSSAIN MASTER, ABU, RESIDING AT KORACHERIYIL HOUSE, P.O. VENGAD. BY / THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 249 of 2008 ========================== Dated this the 19th day of February, 2008. O R D E R This Crl. M.C is filed against the order dated 22.12.2007 passed by the Sessions Court, Thalassery in Crl.M.C. No. 1749/2007 granting anticipatory bail to accused Nos.1 to 6 in Crime No. 333 of 2007 of Kuthuparamba Police Station for offences punishable under Sections 143, 147, 446, 153 and 436 r/w Section 149 IPC. The occurrence took place in the night of 08.12.2007. Anticipatory bail was granted by the Sessions Court, Thalassery on 22.12.2007 to accused Nos. 1 to 6 imposing certain conditions. They were given the option to surrender before the Magistrate and seek regular bail. Subsequently, they surrendered before the Magistrate and obtained regular bail. Admittedly, they complied with the conditions imposed both by the Sessions Judge as well as by the learned Magistrate. In the absence of any proof to the effect that the accused had, since their enlargement on bail, violated any of the bail conditions or have misused the liberty granted to them, the prosecution cannot seek cancellation of the anticipatory bail order particularly when it has worked itself out by the Magistrate subsequently releasing the accused on bail This Crl. M.C is accordingly dismissed. V. RAMKUMAR, JUDGE. rv