IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 Crl.Rev.Pet.No. 1887 of 2008() ------------------------------ CRMP.1175/2008 of I ADDL. SESSIONS COURT, PALAKKAD .................... REVN. PETITIONERS: ---------------------------------- 1. MURALIDHARAN AGED 23 YEARS, S/O.UNNIKRISHNAN, MACHAKUNNU, ATTAYAMPATHI P.O., CHITTOOR PALAKKAD. 2. K.ANILKUMAR AGED 30 YEARS, S/O.KITHU, CHANKARACHAMPALAYAM, NATTUKAL, PALAKKAD. 3. SREEKUMAR AGED 37 YEARS, S/O.KRISHNAN, MANALTHODI, VTH MILE, VANNAMMADA, K.K.PATHI, CHITTOOR PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS: ------------------------ CIRCLE INSPECTOR OF POLICE, VADAKKANCHERY REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.1887 of 2008 = = = = = = = = = = = = = = Dated this the 8 th day of July, 2008 ORDER The three petitioners who are accused numbers 1,2 and 6 in Crime No.392/2005 of Chittoor Police Station registered for an offence punishable under Section 55(a) of the Kerala Abkari Act for allegedly transporting 770 litres of spirit were granted bail by the Sessions Court, Palakkad as per the orders passed on CMP Nos.3407/05, 3845/05 and 291/2006. One of the bail conditions was that they should report before the Investigating Officer on Mondays and Thursdays. According to the petitioners they faithfully reported before the Investigating Officer on every Mondays and Thursdays for six months after which they discontinued the same on being told by their counsel that since the charge sheet has already been filed before the court, it may not be necessary for them to report before the Investigating Officer. On 31.03.08, the Investigating Officer filed CMP No.1175/2008 before the Sessions Court, seeking cancellation of the bail granted to the petitioners on the ground that they had not reported before the Police after six months of their enlargement on bail. Upon notice of the said application, the petitioners again resumed reporting before the Investigating Officer. Subsequently, on Crl.R.P.No.1887 of 2008 2 14/5/08, the learned Sessions Judge cancelled the bail granted to the petitioners on the ground that they had admittedly committed breach of the bail condition regarding reporting before the Investigating Officer and that the explanation offered by them was not bona fide. 2. After hearing both sides, I see no reason why the explanation offered by the petitioner should not be accepted. Accordingly, the impugned order is set aside and the petitioners shall stand enlarged on bail as originally granted on the same bail bond and sureties and subject to all the conditions imposed by the Sessions Judge including the condition for reporting before the Investigating Officer on all Mondays and Thursdays. 3. The Investigating Officer shall file a statement before this Court within 14 days from today as to why the investigation of this case has not been completed even after the lapse of three years. This Crl.R.P. is disposed of as above. Dated this the 8th day of July, 2008. V. RAMKUMAR, JUDGE sj Hand over a copy of this order to the learned Public Prosecutor