IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 Crl.MC.No. 69 of 2011 ----------------------- (Crl. M.P.No. 4566/2010 IN Crl.M.C.No.1693/2010 OF THE SESSIONS COURT, THRISSUR. CRIME NO. 774/2007 OF KODUNGALLUR POLICE STATION.) PETITIONER/ ACCUSED: ----------------------- SHAFEEQ, S/O.SHAHUL HAMEED, THIRUNELVELIKKARAN HOUSE, ALOOR DESOM, ALOOR VILLAGE. BY ADV. SRI.BIJU .C. ABRAHAM SRI.RAJESH CHAKYAT RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------ 1. THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KEARLA. 2. THE SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR ADV. M.R. K.J. MOHAMMED ANZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.69 of 2011 -------------------------------------- Dated this the 13th day of January, 2011. ORDER Petitioner is accused in Crime No.774 of 2007 of Kodungallur Police Station registered for offences punishable under Sections 323, 326, 307, 109 and 120B read with Section 34 of the Indian Penal Code (for short, “the Code”). He was arrested on 06.10.2010 and was granted bail as per Annexure-1, order dated November 4, 2010 in Crl.M.C.No.1693 of 2010 of the court of learned Sessions Judge, Thrissur subject to conditions including that he shall report to the Investigating Officer on all Wednesdays between 9 a.m. and 11 a.m. and that he shall not commit any offence while on bail. The Investigating Officer later filed Crl.M.P.No.4566 of 2010 before learned Sessions Judge alleging that petitioner has violated the said conditions by not reporting to the Investigating Officer on 10th, 17th and 24th of November, 2010 and by getting involved in Crime No.1400 of 2010 of Irinjalakuda Police Station for offences punishable under Sections 143, 147, 148, 323, 324, 294(b) read with Section 149 of the Code (later offence under Section 308 of the Code was also incorporated in the FIR) and in connection with that case petitioner was arrested and remanded to jail. Investigating Officer stated that petitioner is involved in about 18 cases in various police Stations. Learned Sessions Judge after hearing petitioner found that there is violation of conditions imposed as per Annexure-1, order and Crl.M.C.No.69/2011 2 cancelled the bail. That order is under challenge. Learned counsel submits that the incident which gave rise to Crime No.1400 of 2010 occurred on November 9, 2010, petitioner was arrested in connection with that case on November 17, 2010 and in the circumstance, petitioner could not appear before the Investigating Officer as directed in Annexure-1, order. Petitioner states that he has been falsely implicated in Crime No.1400 of 2010. Learned Public Prosecutor submitted that there is no reason to interfere with Annexure-3, order. 2. It is a fact that petitioner is implicated in Crime No.1400 of 2010 and was arrested on November 17, 2010. So far as consideration of cancellation of bail is concerned, that is sufficient. Assuming that on account of he being arrested on November 17, 2010 petitioner could not appear before the Investigating Officer on that day and later, there was no justification in his not appearing before the Investigating Officer on November 10, 2010. If petitioner was not actually involved in Crime No.1400 of 2010 which occurred on November 9, 2010, there was no difficulty for him to report before the Investigating Officer on November 10, 2010. Having regard to the facts and circumstances I do not find reason to interfere with Annexure-3 order. But I make it clear that Annexure-3, order will not stand in the way of petitioner making Crl.M.C.No.69/2011 3 fresh application for bail before the learned Sessions Judge and, if any such application is preferred learned Sessions Judge shall pass appropriate orders having regard to the facts and circumstances of the case. With the above observation, this petition is dismissed. Crl.M.A.No.159 of 2011 will stand dismissed. THOMAS P.JOSEPH, Judge. cks