Kerala High Court
Mohammmed Shameer K vs State Of Kerala on 5 June, 2024
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
CRL.REV.PET NO. 764 OF 2022
AGAINST THE ORDER/JUDGMENT IN MC NO.73 OF 2020 OF SUB DIVISIONAL
MAGISTRATE,PERINTHALMANNA
REVISION PETITIONER/COUNTER PETITIONER:
MOHAMMMED SHAMEER K
S/O VEERAN, AGED 28 YEARS,
KANAKANCHERI HOUSE, PERINTHALMANNA,
KUNNAPALLY, MALAPPURAM DISTRICT,
PIN - 679322
BY ADV SOJAN MICHEAL
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
KOCHI, PIN - 682031
2 SUB -DIVISIONAL MAGISTRATE
MINI CIVIL STATION,
PERINTHALMANNA, PIN - 679322
3 STATION HOUSE OFFICER
PERINTHALMANNA POLICE STATION,
PERINTHALMANNA, PIN - 679322
BY ADV. SRI SANGEETHARAJ N R,PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.REV.PET NO. 764 OF 2022
2
ORDER
The revision is against the order imposing a penalty on the petitioner after forfeiting the bond executed in accordance with the mandate under Section 116 (3) of Cr.P.C. The bond was executed for a longer period of one year. But, within that time another crime was committed just before the expiry of one year period from the date of execution of the bond.
2. It is submitted by the learned counsel for the petitioner that the mandate under Sub-Section (3) of Section 116 Cr.P.C is to execute a bond till the completion of enquiry under Sub-Section (1) and it shall not be for a longer period. Sub-Section 6 of Section 116 Cr.P.C was also relied on by the learned counsel for the petitioner that there will be an automatic termination of enquiry on expiry of six months. If the enquiry is not completed within that time, there will be an automatic termination. CRL.REV.PET NO. 764 OF 2022 3 A joint reading of Sub-Section 3 and Sub-Section 6 of Section 116 Cr.P.C would sufficiently show that the bond which can be executed should be and must be for the period till the completion of the enquiry under Sub-Section (1) of Section 116 Cr.P.C. The mere fact that the bond was executed for a longer period may not be sufficient to bring the matter within the sweep of either Sub-Section (1) or Sub-Section (3) of Section 116 Cr.P.C. Necessarily, the forfeiture of bail bond on the allegation of violation after the expiry of six months period would not stand in the eye of law and it will stand set aside.
The Crl.R.P will stand allowed accordingly.
Sd/-
P.SOMARAJAN JUDGE SPV CRL.REV.PET NO. 764 OF 2022 4 APPENDIX OF CRL.REV.PET 764/2022 PETITIONER ANNEXURES ANNEXURE 1 COPY OF THE PRELIMINARY ORDER DATED 17.02.2021 OF THE SDM, PERITHALMANNA IN MC NO: 73/2020 ANNEXURE2 COPY OF THE BOND DATED 09.03.2021 ANNEXURE3 COPY OF THE APPLICATION DATED 27.06.2022 ANNEXURE4 COPY OF THE 'B' PROCEEDINGS DATED 25.06.2022 GIVEN TO THE PETITIONER ANNEXURE5 . COPY OF THE REPORT NO: 2/2022 IN MC NO: 73/2020 ANNEXURE6 COPY OF THE PRELIMINARY ORDER DATED 23.07.2022 OF THE SDM, PERITHALMANNA IN MC NO: 10/2022 ANNEXURE7 COPY OF THE PETITION FILED IN MC NO:
73/2020 DATED 29.07.2022 ANNEXURE8 COPY OF THE PETITION FILED IN MC NO:
10/2022 DATED 29.07.2022 ANNEXURE9 CERTIFIED COPY OF THE ORDER DATED 25.10.22 IN MC NO:73/2020 OF SUB DIVISIONAL MAGISTRATE, PERINTHALMANNA RESPONDENTS' ANNEXURES: NIL //TRUE COPY// PA TO JUDGE