IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Crl.MC.No. 3338 of 2009 ---------------------------------- CMP.3178/2009 IN C.P.NO.71/2009 OF JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG, CRIME NO. 212/2009 OF HOSDURG POLICE STATION. .................... PETITIONER/ACCUSED: ---------------------------------- ARSHAD, S/O.ABDULLA, AFZAL MANZIL, NHANIKADAVU, OZHINHAVALAPPU, P.O.PADANNAKKAD, KASARAGOD DISTRICT (UNDER CUSTODY). BY ADVS. MR.M.RAMESH CHANDER, SMT.K.A.SANJEETHA, MR.ANEESH JOSEPH. RESPONDENT/STATE: -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO. 3338 OF 2009 ------------------------------------------ Dated 14th December 2009 O R D E R Petitioner is the first accused in C.P.71/2009 on the file of Judicial First Class Magistrate-I, Hosdurg taken cognizance for the offences under Sections 143, 147, 148, 341, 324 and 308 read with Section 149 of Indian Penal Code. Petitioner was arrested on 15/9/2009 and was released on bail on conditions. Subsequently petitioner was arrested and produced in another case and finding that petitioner has violated the conditions of the bail, notice was issued on 17/9/2009 why bail shall not be cancelled. Petitioner appeared and resisted the proposed cancellation of bail. By Annexure-A4 order dated 1/10/2009, learned Magistrate finding that petitioner has violated the conditions of the bail and was involved in several cases, cancelled the bail. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A4 order. Crmc 3338/09 2 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel submitted that crime No.581/2009, wherein petitioner was subsequently arrested, was registered for the offences under Sections 143, 147, 427 and 452 read with Section 149 of Indian Penal Code on the allegation that those offences were committed on 3/9/2009 and as petitioner was in fact not involved in the offences, it is not in the interest of justice to cancel bail. Learned counsel also pointed out that petitioner is only aged 20 years and as a political worker, because of the enmity between political parties, cases are foisted. Learned Public Prosecutor submitted that petitioner committed offences subsequently on releasing him on bail and he is involved in several cases of that nature and in such circumstances, learned Magistrate was justified in cancelling the bail. 4. Final report has already been submitted before the court and the case is at the committal stage. In such circumstances, for the purpose of investigation of the case, detention of the petitioner is not necessary. Bail originally granted was cancelled only for the reason that, as against the bail condition that Crmc 3338/09 3 petitioner shall not involve in any other offence, he committed similar offences later on 3/9/2009 after he was released on bail on 30/6/2009. Considering entire facts and circumstances of the case and fact that petitioner has been in detention consequent to Annexure- A4 order from 1/10/2009, it is not in the interest of justice to continue the detention further. On sufficient conditions, petitioner could be released on bail, imposing necessary conditions to prevent the petitioner from involving in any subsequent offence. Annexure-A4 order is quashed. Petitioner will be released on bail, on executing a fresh bond for Rs.50,000/- with two solvent sureties for the like sum to the satisfaction of the learned Magistrate. It is made clear that at least one of the sureties, should be a close relative of the petitioner like parents or sibling. Petitioner shall appear before the investigating officer, between 10 and 11 a.m on every Wednesday for two months and thereafter as and when directed by the learned Magistrate. M.SASIDHARAN NAMBIAR, JUDGE. uj.