IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 Crl.MC.No. 365 of 2011() ------------------------ CC.1086/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY .................... PETITIONER(S): ACCUSED ---------------------- SURESH,AGED 30,S/O.SUBRAMANIAN, KALLINGAPURAM HOUSE,MUPLIYAN VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT(S): COMPLAINANTS --------------------------- 1. SUB INSPECTOR OF POLICE, VELLIKULANGARA. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ---------------------------------------------- Crl.M.C.No. 365 of 2011 ---------------------------------------------- Dated this the 8th day of February, 2011 O R D E R Petitioner is accused in Crime No.297 of 2010 of Vellikulangara Police Station and C.C.No.1086/2010 on the file of Judicial First Class Magistrate Court, Chalakudy for offences punishable under Sections 143, 147, 148, 452, 353, 294(b) and 506(ii) read with Section 149 of the Indian Penal Code (for short “the Penal Code”). Learned Magistrate granted bail to the petitioner subject to the condition that petitioner shall not involve in any other offence. The police submitted final report on which learned Judicial First Class Magistrate, Chalakudy took cognisance and C.C.No.1086 of 2010 was registered. Later, the Sub Inspector of Police, Vellikulangara filed Crl.M.P.No. 13941 of 2010 to cancel the bail contending that petitioner violated condition of bail by getting involved in other cases. In that petition it was stated that petitioner got involved in Crime No.597 of 2010 of the same police station for offences punishable under Sections 341, 323 and 427 read with Section 34 of the Penal Code. Learned Magistrate, finding that bail condition has been violated, cancelled the bail. Petitioner filed Crl.R.P.No.4/2011 before the learned Sessions Judge challenging the said order and filed Crl.M.P.No.49/2011 to suspend the order passed by Crl.MC.365/11 2 the learned Magistrate. That petition was dismissed by Annexure-C order, which is under challenge. 2. It is contended by learned counsel for petitioner that condition imposed while granting bail could have no life after filing of the final report and summons was issued to the petitioner. Reliance is placed on Section 204 of the Code of Criminal Procedure (“the Code”, for short). I am afraid, I am unable to accept the contention. Once bail is granted at the crime stage, it remains valid until trial is concluded. If that be so, there is no reason to think that conditions imposed while granting bail remains alive only upto the filing of the final report. Learned counsel for petitioner did not point out any provision of law or authority taking the view stated by him. Section 204 of the Code has no application to the facts of this case. On the other hand, Section 437 (5) of the Code states that when the condition of bail is violated, the bail will stand forfeited and that it is within the power of the Court to commit the accused to custody. It is pointed out by the learned counsel from Annexure-D, affidavit filed by the de facto complainant in Crime No.597/2010 (based on which bail bond was cancelled) that petitioner is not involved in that incident. That of course is a different matter to be investigated by the police and for the time being report submitted by the Sub Inspector of Police is there and so far as it is not to be disbelieved otherwise, it would stand. I do not think that there is Crl.MC.365/11 3 any reason to interfere with the impugned order. Learned Sessions Judge is yet to hear the Criminal Revision and pass final orders. But, I make it clear that it is open to the petitioner to surrender before the learned Magistrate and seek regular bail as provided under Section 446A of the Code and if any such application is preferred, learned Magistrate shall consider the same and pass appropriate orders having regard to the facts and circumstances of the case. With the above direction, this petition is disposed of. THOMAS P.JOSEPH, JUDGE vgs