IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 Crl.MC.No. 3220 of 2008(D) ------------------------------- (CRIME NO.243/CR/KLM/06 OF CBCID KOLLAM (CRIME NO.22/06 OF KARUNAGAPPALLY POLICE STATION)) .................... PETITIONER(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA RESPONDENT(S): --------------- NOUSHER, S/O.ISMAILKUNJU, VARAMBEL THEKETHEL VEEDU, KADATHUR MURI, THAVAZHA VILLAGE, KARUNAGAPPALLY. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3220 of 2008 -------------------------- ORDER The accused in Crime No.243/CR/KLM/06, being investigated by CBCID, Kollam, was granted bail on conditions by Annexure-A1 order dated 21.12.2006. The second condition was that petitioner shall not influence or intimidate the prosecution witnesses nor shall attempt to tamper with the evidence for the prosecution. The fourth condition was that petitioner shall not enter the limits of Thazhava Village until further orders. This petition is filed to cancel the bail granted under Section 439 of Code of Criminal Procedure contending that in violation of the conditions, accused entered Thazhava Village on 13.7.2008 at about 3.30 p.m. and threatened the mother of the victim boy and therefore, the bail is to be cancelled. 2. A complaint was filed before the Magistrate by the mother of the victim regarding the incident CRMC 3220/08 2 of 13.7.2008 only on 19.7.2008, based on which Annexure-A2 FIR was registered. Respondent/accused filed an affidavit denying the allegations and stating that he did not enter Thazhava Village on 13.7.2008 and did not threaten the mother of the victim as alleged. Except the allegations and denial, there is no material in support of the allegations that accused had violated the conditions of the bail warranting cancellation of the bail. Considering the fact that the alleged incident was on 13.7.2008 and the complaint itself was filed by the mother only on 19.7.2008 and there was no further incident, I do not find that bail is to be cancelled as sought for. Petition is dismissed. 8th September, 2010 (M.Sasidharan Nambiar, Judge) tkv