IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 Crl.MC.No. 1471 of 2007 --------------------------------- MP.2782/2007 OF JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... PETITIONER/ ACCUSED: ----------------------------------- HARIDAS, S/O. NANU, AGED 54 YEARS, C.C.16/208, VILLAGE OFFICE ROAD, THOPPUMPADY, KOCHI-5. BY ADV. SRI.C.P.PEETHAMBARAN. RESPONDENTS/ STATE: ----------------------------------- 1. STATE OF KERALA, REPRESENTING S.H.O., THOPPUMPADY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. *ADDL.R2. MR. K.C. VARGHESE, S/O. C.J. JACOB, RESIDING AT 16/132 A, KAVARATTE HOUSE, KOCHI-5. *IS IMPLEADED AS ADDL. 2ND RESPONDENT VIDE ORDER DATED 04/07/2007 IN CRL.M.A. NO. 3187/2007 IN CRL.M.C. NO. 1471/07. PUBLIC PROSECUTOR SRI. AMJED ALI FOR R1 ADV. SRI.SIBY MATHEW FOR R2, ADV. SRI.PHILIP J.VETTICKATTU FOR R2. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/07/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.1471 of 2007 ------------------------------------- Dated this the 16th day of July, 2008 ORDER Petitioner is the sole accused in a pending prosecution under Sections 420 and 406 I.P.C before the Judicial Magistrate of the First Class-II, Kochi. The petitioner faces indictment for offences punishable under Sections 420 and 406 I.P.C. After cognizance was taken further investigation was being conducted under Section 173(8) Cr.P.C. At that stage, Annexure-A7 order was passed by the learned Magistrate directing the petitioner to produce a vehicle involved in the crime which was allegedly in the possession of the petitioner. The petitioner did/could not produce the said vehicle and thereupon the learned Magistrate proceeded to pass Annexure-A8 order cancelling the bail granted to the petitioner. It is these orders which are challenged before me. 2. The learned Public Prosecutor now submits that further investigation has been continued. The vehicle has been seized and in these circumstances it is not necessary to maintain or uphold Annexure-A7 order. The vehicle having already been seized, the direction to the petitioner to produce the vehicle has Crl.M.C. No.1471 of 2007 2 become unnecessary and infructuous now. Similarly the learned Public Prosecutor submits that the cancellation of bail was sought only to facilitate interrogation of the petitioner and the recovery of the vehicle. In as much as the vehicle has been recovered now, it is not necessary to cancel the bail granted to the petitioner. The learned Public Prosecutor further submits that further investigation has already been completed and further final report has already been filed. 3. I am, in these circumstances, satisfied that Annexures- A7 and A8 orders can now be set aside as such orders are not necessary at present considering the stage of the proceedings. 4. The learned counsel for the petitioner submits that he wants to take objection to certain observations made in Annexures A7 and A8 orders. In as much as I am choosing to set aside Annexures A7 and A8 orders, it is not necessary to refer particularly to any of the observations made in Annexures A7 and A8. I need only mention that the observations made in Annexures A7 and A8 should not in any way influence the learned Magistrate when he takes up the matter for final disposal. 5. The learned counsel for the petitioner then submits that the attitude shown by the learned Magistrate in the course of Crl.M.C. No.1471 of 2007 3 the pendency of this Crl.M.C instills in the mind of the petitioner a reasonable apprehension that he may not get justice at the hands of the learned Magistrate. No such prayer is formally raised. Allegations justifying grant of such a prayer have not even been raised. I am, in these circumstances, satisfied that in this Crl.M.C the said prayer, raised at the fag end of arguments, for transfer, cannot also be considered favourably. 6. In the result: i) This Crl.M.C is allowed; ii) Annexures A7 and A8 orders are set aside. Sd/- (R.BASANT, JUDGE) rtr/- /true copy/ P.A to Judge