IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Crl.MC.No.1190 of 2009 --------------------------- Crime No.10/09 of Mattancherry Police Station ............ PETITIONER: -------------- NIMY 22 YEARS, D/O. SEVERIN, KUDIYANECHERRY HOUSE, (CC-12/455A), NEAR SUjATHA AUDITORIUM, PANDIKUDY, KOCHI-2. BY MS.PRAMEELA.C.K., ADVOCATE. MR.K.B.SUNIL, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE ASSSISTANT COMMISSIONER OF POLICE, MATTANCHERRY. 3. THE CIRCLE INSPECTOR OF POLICE, MATTANCHERRY. 4. THE SUB INSPECTOR OF POLICE, MATTANCHERRY. 5. DR. P.B. PRASANTH ASSISTANT SURGEON (MBBS) MANGALAVILASAM HOUSE, NEAR SUJATHA AUDITORIUM, PANDIKUDY. 6. ANTONY, PROPRIETOR, JOHNSON DRY CLEANING CENTRE, SHADHI MAHAL, KAPPALANDIMUKKU, KOCHI - 2. Crl.MC.No.1190 of 2009 ...2... 7. MOHAN @ MOHAN , S/O. KANNAPPAN, KAMBIVELIKKAKAM, CC 12/154, PANDIKUDI, KOCHI - 2. BY MR. GIKKU JACOB, PUBLIC PROSECUTOR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------------------- Crl.M.C.No.1190 OF 2009 --------------------------------------- Dated this the 8th day of April, 2009. O R D E R This petition is filed to cancel the bail granted under Section 438 Cr.P.C and to direct respondents 1 to 4 to conduct a fair and proper investigation. So far as the second aspect is concerned, the learned Prosecutor on instruction submits that final report has been filed as A charge and B charge. So the apprehension that investigation is not progressing cannot be sustained for the reason that the investigation is over. 2. The next point to be considered is regarding cancellation of bail granted under Section 438 Cr.P.C. It has to be remembered, as seen from the order of the Sessions Court, that the alleged accusations of having committed the offence is of the year 2007. But the law was set in motion in the year 2008 and the learned Sessions Judge was satisfied that there exists ground for granting bail. The reason for cancellation of the bail alleged Crl.M.C.No.1190/09 2 also is to the effect that there are influential persons and they will influence and tamper with the investigation. But, the investigation is over and the police has filed the charge before the court. So that apprehension also cannot be sustained. Therefore, I do not find any ground at this stage to cancel the bail granted. This Crl.M.C is dismissed. M.N. KRISHNAN JUDGE smp Crl.M.C.No.1190/09 3 M.N.KRISHNAN, J. Crl.M.C.No.1190 OF 2009 O R D E R 08.04.2009