Kerala High Court
Nishanth vs The State Of Kerala on 7 February, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:10071
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 7TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946
CRL.MC NO. 417 OF 2025
CRIME NO.487/2019 OF KODAKARA POLICE STATION, THRISSUR
IN SC NO.375 OF 2021 OF FAST TRACK SPECIAL COURT, KODUNGALLUR
PETITIONER(S)/2ND ACCUSED:
NISHANTH,
AGED 19 YEARS
S/O.HARIDAS, THAIVALAPPIL HOUSE,
KOLATHOOR DESOM,
NELLAYI VILLAGE, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT, PIN - 680305
BY ADVS.
N.L.BITTO
MITHUL T ANTO
RESPONDENT(S)/STATE:
THE STATE OF KERALA,
REP. BY THE SUB INSPECTOR OF POLICE,
KODAKARA POLICE STATION,
REPRESENT THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682031
BY ADV. M.C. ASHI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.02.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.417 of 2025 2025:KER:10071
2
ORDER
Dated this the 07th day of February, 2025 Petitioner is the 2nd accused in Crime No.487 of 2019 of the Kodakara Police Station, registered for offences punishable under Sections 489A, 489B, 489C, 489D and 489E read with Section 34 of the Indian Penal Code, now pending as S.C.No.375 of 2021 on the files of the Fast Track Special Court, Kodungallur. The petitioner was arrested on 24.02.2020 and granted bail for 30 days by this Court by Annexure-3 order dated 06.04.2020, subject to certain conditions. As per condition no.iv in Annexure-3, petitioner was not to commit any offence while on bail. It is also observed in the order that on expiry of 30 days for which the bail is granted or within three days of withdrawal of the lockdown by the Government, whichever is earlier, the applicant should appear before the jurisdictional court and seek regular bail. Accordingly, petitioner approached the jurisdictional court and was granted Crl.M.C. No.417 of 2025 2025:KER:10071 3 bail on 10.11.2020. Some time later, prosecution moved a petition for cancelling the bail, alleging that the petitioner had violated the conditions in Annexure-3 by committing another crime. The learned Sessions Judge allowed the petition and cancelled the bail granted by Annexure-3 order.
2. Learned Counsel for the petitioner submitted that, as per Annexure-3, the interim bail for a period of 30 days was granted with a direction to seek regular bail. Accordingly the petitioner approached the jurisdictional court and obtained regular bail. It is contended that the Sessions Court committed grave illegality by cancelling petitioner's bail on the premise that he had violated a condition in Annexure-3 order, as the conditions became inapplicable on the petitioner securing regular bail. It is argued that, by the impugned order, the Sessions Court has cancelled the bail granted by an order which is not in subsistence. Crl.M.C. No.417 of 2025 2025:KER:10071 4
3. Learned Public Prosecutor contended that, while granting regular bail to the petitioner, the jurisdictional court had made it clear that the conditions in Annexure-3 order will continue to be in force. Hence, the Sessions Court was justified in cancelling the bail for violation of condition no.iv in Annexure-3.
4. Apart from the other contentions, it is pertinent to note that by the impugned order, bail granted to the petitioner by the High Court has been cancelled. Much discussion is not needed to hold that the Sessions Court could not have cancelled the bail granted by the High Court. Moreover, bail granted by Annexure-3 was for only 30 days and ceased to be effective from the moment petitioner secured regular bail from the jurisdictional court. As such, no question of cancelling the bail granted by Annexure-3 arises.
5. Though, learned Public Prosecutor attempted to clarify that the prayer for cancellation of bail granted by this Court was made due to an inadvertent mistake, the Crl.M.C. No.417 of 2025 2025:KER:10071 5 Sessions Court having cancelled the bail granted as per Annexure-3, an order no longer in subsistence, the impugned order is liable to be interfered with.
In the result, the Criminal Miscellaneous Case is allowed and Annexure-8 order is quashed. The petitioner shall be released from custody in S.C.No.375 of 2021 of the Fast Track Special Court, Kodungallur. This order does not interdict the prosecution from filing a fresh petition for cancellation of bail.
Sd/-
V.G.ARUN JUDGE NB/7-2 Crl.M.C. No.417 of 2025 2025:KER:10071 6 APPENDIX OF CRL.MC 417/2025 PETITIONER ANNEXURES ANNEXURE-1 A TRUE COPY OF THE FIR IN CRIME NO.487 OF 2019 OF THE KODAKARA POLICE STATION DATED 28/10/2019 ANNEXURE-2 A TRUE COPY OF THE FINAL REPORT FILED IN CRIME NO.487 OF 2019 OF KODAKARA POLICE STATION DATED 24/3/2020 ANNEXURE-3 A TRUE COPY OF THE ORDER IN BA.1584 OF 2020 OF THE HONOURABLE HIGH COURT OF KERALA DATED 6/4/2020 ANNEXURE-4 A TRUE COPY OF THE FIR IN CRIME NO.891 OF 2022 OF THE KONDOTTY POLICE STATION DATED 29/10/2022 ANNEXURE-5 A TRUE COPY OF THE FIR IN CRIME NO.743 OF 2024 OF THE PEECHI POLICE STATION DATED 25/9/2024 ANNEXURE-6 A TRUE COPY OF BAIL CANCELLATION APPLICATION CRL.MP.284 OF 2024 IN SC.375 OF 2021 OF THE FAST TRACK SPECIAL COURT KODUNGALLORE DATED 26/11/2024 ANNEXURE-7 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED NIL ANNEXURE-8 A TRUE COPY OF THE ORDER PASSED BY THE SPECIAL JUDGE FAST TRACK SPECIAL COURT, KODUNGALLORE DATED 1/1/2025 ADDITIONAL ANNEXURE-9 A TRUE COPY OF THE BAIL BOND EXECUTED BY THE PETITIONER AND SURETIES IN SC.375 OF 2021 OF THE FAST TRACK SPECIAL COURT, KODUNGALLORE DATED 10/11/2020 TRUE COPY P.A. TO JUDGE