IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Crl.MC.No. 692 of 2008() ------------------------ CRMP.12808/2007 IN O.R. NO. 10/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY .................... PETITIONER: ACCUSED -------------------------- PAUL.C.I., S/O.ITTIRA, CHIRAPANATH HOUSE, PARIYARAM VILLAGE, VETTILAPPARA, MUKUNDAPURAM TALUK. BY ADV. SRI.PREMCHAND R.NAIR SRI.M.JYOTHISH RESPONDENTS: COMPLAINANT ---------------------------------- STATE OF KERALA, REPRESENTED BY FOREST RANGE OFFICER, PARIYARAM RANGE, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 692 of 2008 ========================== Dated this the 18th day of February, 2008. O R D E R Heard both sides. The petitioner is the accused in O.R.No. 10/2007 of Pariyaram Forest Range for offences punishable under Sections 27(1)(d) and 52 of the Kerala Forest Act for allegedly cutting and removing teak treas and rosewood trees on 16.10.2007. As per Annexure A1 order dated 22.10.2007, the Judicial First Class Magistrate, Chalakudy granted him bail on his executing a bond for Rs.10,000/- with two solvent sureties and on condition that he shall not involve himself in any other crime during the pendency of the said bail. Subsequently, on the motion of the prosecution, the bail granted to the petitioner was cancelled by the learned Magistrate as per Annexure A11 order dated 19.11.2007 for the reason that the petitioner was guilty of the suppression of the fact that on 17.10.2007 Vettilapara Police had registered a crime against him as Crime No. 180/2007 for an offence punishable under Section 3 r/w Section 25(1)(a) of the Arms act, 1959 for the alleged recovery of the rusted parts of a country gun from the out-house of the petitioner. CRL.M.C. NO. 692/2008 : 2: First of all, I fail to see as to how the petitioner could be posted with the knowledge of a crime registered by the Vettilapara police on 17.10.2007 when his bail application was considered on 22.10.2007, unless there are materials to show that he was aware of the registration of the said crime. Secondly, the Prosecutor in charge of the case had not brought to the notice of the Magistrate that there is yet another crime registered against the petitioner. That apart, it is well settled that the bail granted to an accused person can be cancelled only if any of the bail conditions have been violated or if the accused, after his enlargement on bail, has misused the liberty granted to him by the court. There is no allegation that the petitioner had violated any of the bail conditions. There is also no allegation that he had misused the liberty granted to him while he was enlarged on bail. Hence, the learned Magistrate was not justified in cancelling the bail on the ground that the petitioner had suppressed the registration of another crime against him. Annexure A11 order is accordingly set aside and the petitioner will continue to be on bail as before in O.R. No. 10/2007 of Pariyaram Forest Range. V. RAMKUMAR, JUDGE. rv CRL.M.C. NO. 692/2008 : 3: