IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 Crl.Rev.Pet.No. 815 of 2010() ----------------------------- CRMP.2390/2009 of SESSIONS COURT, KOTTAYAM .................... REVN. PETITIONER:PETITIONER/ACCUSED: ------------------------------------------------ SAJEEV SEBASTIAN, S/O.SEBASTIAN, KANDATTUPARAMBIL, (KOKKATTUMUNDIYIL), THONGUMPALLY BHAGOM, ANICADU NORTH KARA, AKALAKUNNAM VILLAGE. BY ADV. MR. LIJI.J.VADAKEDOM RESPONDENT/STATE:- ------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. P.A. SALIM, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- Crl.R.P. No. 815 of 2010 ---------------------------------------------------- Dated this the 15th day of March, 2010. ORDER The petitioner who is the accused in Crime No. 156 of 2009 of Pallickathode Police Station for offences punishable under Sections 452, 308, 342 and 323 r/w Section 34 IPC, was granted bail by the Sessions Court, Kottayam as per Annexure A1 order subject to the following conditions:- 1. The petitioner shall appear before the Investigating Officer on every 2nd and 4th Fridays of English Calender month between 4 p.m. and 6 p.m. until the charge is laid. 2.The petitioner shall not enter the territorial jurisdiction of Pallickathodu Police Station until otherwise ordered. 3.He shall not make any attempt to influence the course of investigation and intimidate the witnesses. 4.He shall not involve in any other offence while on bail. 2. Alleging that the petitioner committed breach of the 1st condition to appear before the Investigating Officer as directed, an application was filed before the Sessions Court Crl.R.P. No. 815/2010 : 2 : as C.M.P. No. 2390 of 2009 under Section 439(2) Cr.P.C for cancellation of bail. The learned Sessions Judge as per Annexure-7 order dated 04.11.2009 cancelled the bail since the petitioner himself had admitted that he did not report before the Investigating Officer as he was apprehensive of arrest in pursuance of an order for preventive detention passed under the Kerala Anti Social Activities (Prevention) Act, 2007. 3. I heard the learned counsel for the petitioner as well as the learned Public Prosecutor. 4. The learned Public Prosecutor submits that the petitioner is involved in several other crimes and he admittedly failed to have report before the Investigating Officer as directed justifying cancellation of his bail and that the charge sheet has already been filed in this case. 5. The involvement of the petitioner in other crimes may not be strictly relevant since in spite of that he was granted bail by the Sessions Judge. As for his admission Crl.R.P. No. 815/2010 : 3 : that he did not appear before the Investigating Officer as there was an order for preventive detention is also borne out by the records. Pursuant to the recommendations of the Advisory Board, the Government issued Ext.A4 order dated 15.01.2010 revoking the order of detention. Hence, the fact that the petitioner was apprehending arrest pursuant to an order of detention, appears to be correct and that can constitute a reasonable ground for not reporting before the Investigating Officer in compliance of Annexure A1 order. It is pertinent to note that none of the other conditions in Annexure A1 order is alleged to have been violated by the petitioner. Hence, the explanation offered by the petitioner is accepted and Annexure-7 order dated 04.11.2009 cancelling the bail is set aside. The petitioner shall execute a fresh bond before the Sessions Court, Kottayam for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of that court and subject to the following conditions:- Crl.R.P. No. 815/2010 : 4 : 1.The petitioner shall report before the Sheristadar of Sessions Court, Kottayam on all alternative Wednesdays between 10 a.m and 11 a.m commencing from 24.03.2010 until further orders to be passed by the Sessions Court. 2.The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 3.The petitioner shall not enter the limits of the Pallickathodu Police Station until further orders to be passed by the Sessions Court, Kottayam. 4.The petitioner shall not commit any offence or get himself involved in any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This revision is disposed of as above. Dated this the 15th day of March, 2010. V. RAMKUMAR, JUDGE. rv