IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Crl.MC.No. 3951 of 2011() ------------------------- CP.51/2011 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ADIMALI .................... PETITIONER(S): 2ND ACCUSED -------------------------- BABU @ KALLAR BABU, S/O.KUNJANPILLAI, PUTHENPURACKAL VEEDU, KALLARKARA, PALLIVASAL VILLAGE, DEVIKULAM TALUK, IDUKKI. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE EXCISE RANGE OFFICE, ADIMALI (CRIME NO.3/11) THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3951 of 2011() APPENDIX PETITIONERS ANNEXURES ANNEXURE A-1: CERTIFIED COPY OF THE COMMITTAL ORDER OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT OF ADIMALY IN C.P. NO:51/2011 DATED 8.11.11 ANNEXURE A-2: COPY OF THE REQUEST FILED BY THE PETITIONER'S COUNSEL BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ADIMALI, IN CP NO:51/11 ANNEXURE A-3 COPY OF THE ORDER OF THIS HON'BLE COURT B.A. NO:9040/2011 ANNEXURE A3(A) COPY OF THE CORRECTION PETITION CRL.M.A. NO: 7581/2011 IN B.A. NO:9040/11 RESPONDENTS ANNEXURES NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 3951 OF 2011 ( ) ------------------------------------------ Dated this the 18th day of November, 2011 O R D E R The petitioner is the second accused in C.P. 51/2011 which is pending before J.F.C.M., Adimali. That was pertaining to Crime No:3/2011 of Adimali Excise Range. The petitioner was also an accused in Cr. No:20/11, in which he was granted bail by this Court (the original Crime was shown as No:21/11 subsequently, it was ordered to be corrected as No:20/11). The learned counsel for the petitioner submits that the petitioner was actually granted bail in Crime No:3/2011 as per order passed by the Sessions Judge, Thodupuzha. The learned counsel submits that while order of committal in C.C. 51/2011 was passed, the petitioner could not produce the order granting bail to him in Crime No:20/11. In fact, he was granted bail by this Court in Crime No:20/2011 Crl. M.C. No: 3951 OF 2011 ( ) -2- which was passed only on 8.11.2011. The Order correcting crime number was passed only on 11.11.2011. According to the learned counsel, since the fact that the petitioner was granted bail in Crime No:20/2011 was not a matter to be brought to the notice of the learned Magistrate on 8.11.11, on which day the Order of committal was passed, the petitioner was remanded to judicial custody. Now in the light of what is stated above, it is directed if the petitioner was earlier granted bail in Crime No:3/2011, which is the subject matter of C.P.51/2011, then, in view of the fact that he has also been granted bail in Crime No:20/2011, the petitioner shall be released on bail, if he executes a bond in terms of bail order, if any, already passed, and if his detention is not required in connection with any other case. N.K. BALAKRISHNAN, JUDGE jjj