IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 Crl.MC.No. 3983 of 2010() ----------------------------------- ( ORDER IN CRL.M.C.2020/2009 OF HON'BLE SESSIONS COURT ERNAKULAM IN CRIME NO.1178/2009 OF ANGAMALY POLICE STATION IN ERNAKULAM DT) ---------------------- PETITIONER(S): ACCUSED 2 TO 6 ------------------------------------------------ 1. KUMAR, S/O.MARY, AGED 27, H.NO.7, NEW HOUSE NO.13, 8TH STREET, RAJAMANGALAM, WILLIVAGAM, CHENNAI - 48, TAMILNADU. 2. KISHORE, AGED 26, S/O.VENKITAYA, DOOR NO.5, GOVT.COLONY, BENGEL MUNDALAM, KAERKAL COPPA, BITHRAGUNDL, NEAR BYEPASS NELLOOR DISTRICT, ANDHRAPRADESH. 3. LAZAR, S/O.MANORAMA, AGED 22, OLD HOUSE NO.54, NEW NO.25, INDIRA NAGAR, PALLAM, WILLIVAGAM, RAJAMANGALAM, CHENNAI-49, TAMILNADU. 4. JOHNSON, AGED 29, S/O.MALLAYA, H.NO.5, II STREET, RAJAMANGALAM, NEAR WATER TANK, WILLIVAGAM, CHENNAI. 5. PRADEEP, AGED 26, S/O.BABU, D.NO.45, NEAR TELUNGU CHURCH, 3RD CROSS STREET, JARDHAPET, KAVERLI DISTRICT, ANDHRAPRADESH. BY ADV. SRI.P.SHAIJAN JOSEPH RESPONDENT(S): COMPLAINANT ------------------------------------------------ CIRCLE INSPECTOR OF POLICE, ANGAMALY POLICE STATION, ERNAKULAM DISTRICT REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3983 OF 2010 =========================== Dated this the 2nd day of November,2010 ORDER Petitioners the accused in Crime 1178/2009 of Angamaly Police Station were granted bail by Judicial First Class Magistrate-II, Aluva. The investigating officer filed Crl.M.C.2020/2009 before Sessions Court, Ernakulam to cancel the bail. By Annexure A3 order dated 11.1.2010 learned Sessions Judge cancelled the bail. This petition is filed under section 482 of Code of Criminal Procedure to quash Annexure A3 order contending that petitioners are in custody since 14.8.2009 and the allegation in the crime is only that petitioners committed theft of Rs.1,00,000/- from a car and thereby committed the offence under section 380 read with section 34 of Indian Penal Code. 2. Learned counsel appearing for the Crl.M.C.3983/2010 2 petitioners and learned Public Prosecutor were heard. 3. The records from Sessions Judge, Ernakulam in Crl.M.C.2020/2009 was called for and perused. 4. Learned Sessions Judge cancelled the bail finding that petitioners are habitually hardent criminals and were involved in several cases at various places in Kerala and this aspect was not taken into consideration while bail was granted by the learned Magistrate and if bail is granted there is every likelihood of the accused absconding and repeating the crimes. 5. On hearing the learned counsel appearing for the petitioner and the learned Public Prosecutor, I find that it is not in the interest of justice to interfere with Annexure A3 order. But at the same time petitioners cannot be directed to languish in jail. It is submitted that final report has already been submitted and it is taken cognizance by Judicial First Class Magistrate-II, Aluva as C.C.408/2009. Learned counsel appearing Crl.M.C.3983/2010 3 for the petitioners made available a copy of the final report which shows that apart from the Police Officers only five witnesses are to be examined. Considering all these facts, Judicial First Class Magistrate-II, Aluva is directed to dispose of C.C.408/2009 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this order. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006