IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Crl.MC.No. 4452 of 2008() ------------------------- ORDER IN CRL.M.P.NO.3917/08 IN CRL.M.C.NO.1197/08 DATED 3.11.08 OF THE SESSIONS COURT, THALASSERY .................... PETITIONER(S): ACCUSED NO.4 --------------------------- SHIJITH, S/O.RAGHAVAN, AGED 24, THACHOLI HOUSE, ERANHOLI AMSOM, KUDAKKALAM DESOM, THALASSERY. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENT(S): FORMAL PARTY/COMPLAINANT --------------------------------------- 1. STATE OF KERALA TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O. THALASSERY POLICE STATION, THALASSERY. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4452 of 2008 ------------------------------------------------- Dated this the 26th day of November, 2008 ORDER The petitioner faced allegations in a crime registered alleging offences punishable, inter alia, under Sec.307 read with Sec.149 IPC. He was released on bail as per Annexure-I order subject to conditions. Inter alia, it was stipulated that the petitioner shall not involve himself in any other offence while on bail. He was further directed to execute a bond for Rs.20,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Judicial Magistrate of the First Class, Thalassery. He was further directed not to leave Kannur District until further orders. 2. While he was on bail on such terms, he allegedly was involved in another crime – Crime No.715/08 of the Thalassery Police Station registered under the provisions of the Arms Act. Crl.M.C. No. 4452 of 2008 -: 2 :- This fact was brought to the notice of the learned Sessions Judge who has thereupon proceeded to pass the impugned order cancelling the bail already granted under Sec.439(2) Cr.P.C. 3. The learned counsel for the petitioner submits that the cancellation of bail is not justified at all. The fresh allegations may be looked into. The nature, seriousness and gravity of the allegations may not be lost sight of. There is no allegation of any personal violence against any one in the later crime. According to the petitioner, it was a false crime registered only to vex and harass the petitioner. Subject to any appropriate modification of the conditions, the petitioner may be permitted to continue on bail. Bail granted in his favour may not be cancelled, it is prayed. 4. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor reports that the offence under Sec.307 IPC alleged against the petitioner is one in which activists of two political parties were involved. The learned Public Prosecutor concedes that the later crime is registered only under the Arms Act. The learned Public Prosecutor submits that if this Court were pleased to interfere with Annexure-II order cancelling bail, appropriate conditions may be imposed in the interests of the law and order situation in the locality and to Crl.M.C. No. 4452 of 2008 -: 3 :- prevent recurrence of such violence. 5. Having considered all the relevant circumstances, I am satisfied that this petition can be allowed, the impugned order can be set aside and the petitioner can be permitted to continue on bail subject to appropriate and modified conditions. 6. In the result: (a) This Crl.M.C. is allowed in part. (b) The impugned order, copy of which is produced as Annexure-II, is set aside. (c) The petitioner shall be permitted to continue on bail in Crime No.177/08 on the following terms and conditions in supersession of the conditions earlier imposed under Annexure-I order: (i) The petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate within a period of 10 days from this date. (ii) He shall report before the Investigating Officer between 10 a.m. and 12 noon on all Saturdays until further directions are issued by the learned Sessions Judge. (iii) The petitioner shall not enter the Sessions Division of Kannur until further orders without prior permission of the learned Magistrate except for the purpose of satisfying condition Crl.M.C. No. 4452 of 2008 -: 4 :- No.(ii) above. (iv) The petitioner shall not commit any other offence while on bail. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge