IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 Crl.MC.No. 3402 of 2010() ------------------------------ AGAINST THE ORDER DATED 07/08/2010 IN CRMP 2270/2010 IN SC.5030/2003 of ADDL. SESSIONS COURT, THRISSUR .................... PETITIONER(S): RESPONDENTS/A1,2,3,4,6 & 8 ------------------------------------------------------- 1. BIJU @ PINDI BIJU,S/O.GOPALAN, PINDIYATHU HOUSE,ERIYADU VILLAGE, MADAVANA DESOM. 2. KALESH,S/O.KARTHIKEYAN,NADUMURI VILLAGE, ERIYADU VILLAGE,MADAVANA DESOM. 3. SUDHEER,S/O.APPU,THOTTUNGAL HOUSE, ERIYADU VILLAGE,MADAVANA DESOM. 4. RAMESH,S/O.RAMAKRISHNAN,VELIPPARAMBIL, ERIYADU VILLAGE,MADAVANA KATTAKKULAM DESOM. 5. SUJITH,S/O.GOPI,PADIYATHU HOUSE, ERIYADU VILLAGE,MADAVANA DESOM. 6. KALESH,S/O.DIVAKARAN,KARYEDATHU HOUSE, ERIYADU VILLAGE,MADAVANA DESOM. BY ADVS. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.M.REVIKRISHNAN RESPONDENT(S): PETITIONER & STATE 1. SINDHU,W/O.LIBEESH BABU, D/O.SANKARANARAYANAN,ADIPARAMBIL,EDAVILANGU VILLAGE,KODUNGALLUR TALUK. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. R1 BY ADVS. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA SRI.ARJUN SREEDHAR SRI.T.K.SANDEEP R2 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/11/2010, ALONG WITH CRMC NO.3403 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3402 & 3403 OF 2010 =========================== Dated this the 18th day of November,2010 ORDER By Annexure E order, Additional Sessions Judge, Thrissur cancelled the bail granted to all the accused finding that enquiry revealed that the accused in S.C.503/2003 violated the conditions of bail. Petition is filed under section 482 of Code of Criminal Procedure to quash Annxure E order contending that there was no valid ground to cancel the bail and petitioners had not violated the conditions of bail and witnesses were neither induced nor threatened by them. First respondent is the de facto complainant CW15, the wife of the deceased. 2. Learned senior counsel appearing for the petitioners in Crl.M.C.3402/2010, petitioners Crl.M.C.3402 & 3403/2010 2 in Crl.M.C.3403/2010, learned counsel appearing for first respondent and learned Public Prosecutor were heard. 3. As the petitioners disputed the fact affidavits of Cws 6 to 8 were not handed over by the defence counsel to the court as stated in Annexure E order, a report was called for from the learned Additional Sessions Judge. The report of the learned Additional Sessions Judge was received. 4. On hearing the learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor, I do not find it in the interest of justice to cancel the bail originally granted to the accused which they were enjoying for the last seven years, if sufficient directions could be issued to avoid any influence or threat of the witnesses by the accused. When the counsel appearing for the petitioners were asked to get instructions whether petitioners are willing to be permitted not to enter Thrissur District, except for the purpose of appearing for the court, so Crl.M.C.3402 & 3403/2010 3 that any threat or inducement to the witnesses could be avoided, learned counsel appearing for the petitioners submitted that such direction could be issued. If such a direction is there, I do not find that it is necessary to cancel the bail as has been done by the learned Sessions Judge in Annexure (E) order. Petitions are allowed. Annexure E order passed by Ist Additional Sessions Judge, Thrissur in Crl.M.P.2270/2010 in S.C.503/2003 cancelling the bail, is quashed on condition that petitioners, the accused shall not enter the District of Thrissur except for their appearance before the court. They shall not threaten or induce any witness to be examined in the case. It is also made clear that in view of the order quashing Annexure E order, it is not necessary for the accused to execute fresh bonds. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006