IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 Crl.MC.No. 4533 of 2010() ------------------------------------ CRIME NO.797/2010 OF SASTHAMCOTTA POLICE STATION. ............... PETITIONER/INJURED -------------------------------- JOHN PHILIP @ SAJAN, AGED 30 YEARS, S/O.JORGE PHILIP, SAJAN VILLA, 7TH MILE', AMBALATHUMBHAGAM MURY, PORUVAZHI VILLAGE, KOLLAM DISTRICT,. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENTS/ACCUSED 1 TO 4 /STATE ----------------------------------------------------------- 1. SAJI, S/O.JANARDHANAN PILLAI, KOIPALLIL VEEDU, IVERKALA NADUVIL, KUNNATHOOR VILLAGE. 2. AJI, S/O.JANARDHANAN PILLAI, THIRUVONAM VEEDU, IVERKALA NADUVIL, KUNNATHOOR VILLAGE. 3. SUDHAKARAN, S/O.RAGHAVAN, SUDHEE NIVAS, KADAMPANAD VILLAGE. 4. MANEESH KUMAR, S/O.MURALEEDHARAN PILLAI, MADATHILAZHIKATHU PADINJATTATHIL, IVERKALA NADUVIL, KUNNATTOOR VILLAGE. 5. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 6. THE SUB INSPECTOR OF POLICE, SASTHAMCOTTA POLICE STATION. R5 & R6 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4533 of 2010 -------------------------- ORDER The defacto complainant in Crime No.797/2010 of Sasthamcotta Police Station filed this petition under Section 482 of Code of Criminal Procedure to cancel Annexure-A3 order passed by Judicial First Class Magistrate, Sasthamcotta, releasing the accused on bail. Argument of the learned counsel appearing for the petitioner is that accused managed to get Annexure-A2 order from this Court under a misrepresentation that defacto complainant has settled the disputes with the accused, when, in fact, petitioner did not engage any lawyer or take any steps to make a representation before the court that matter has been settled and it is because of Annexure-A2 order, learned Magistrate granted Annexure-A3 order and therefore, it is to be cancelled. Learned counsel also submitted that accused are members of sand mafia and the attempt CRMC 4533/10 2 was to murder the petitioner and even after their release on bail, there was threat to the petitioner and witnesses and therefore, bail is to be cancelled. 2. Though the accused approached this Court for anticipatory bail under Section 438 of Code of Criminal Procedure, Annexure-A2 order shows that representation made on behalf of the defacto complainant, that matter has been settled, was not taken into consideration by this Court and accepting that statement no anticipatory bail was granted. This Court found that accused are not entitled to get anticipatory bail and they were directed to surrender before the police so that Investigating Officer can interrogate them and recover incriminating material, if any. When the accused filed C.M.P.No.12123/2010 before the learned Magistrate, as is clear from Annexure-A3 order, he sought a report from the Investigating Officer. Report of the Investigating Officer CRMC 4533/10 3 revealed that accused appeared before him and they were questioned and recovery was effected. Bail application was opposed by the Investigating Officer on the ground that there is chance for threatening the witnesses. Learned Magistrate, therefore, imposed sufficient conditions while granting bail to the accused. Though learned counsel argued that there was threat to the petitioner and the witnesses, except a bare allegation in paragraph 7 of the petition, no details are mentioned. It is not even disclosed which witness was threatened. In such circumstances, I do not find any reason to cancel the bail granted to the accused, as sought for. Petition is dismissed. 9th December, 2010 (M.Sasidharan Nambiar, Judge) tkv