Kerala High Court
Sulthanbathery) vs By Adv.Sri.S.Justus on 29 April, 2016
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 31ST DAY OF JULY 2018 / 9TH SRAVANA, 1940
Crl.MC.No. 451 of 2017
(C.M.P 1854/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
SULTHANBATHERY)
(CRIME NO. 22/2016 OF MEENANGADI POLICE STATION , WAYANAD)
PETITIONER/DEFACTO COMPLAINANT
ANEESH M.J
S/O.MADALANGAN JOSEPH, AGED 26 YEARS,
RESIDING AT RATTAKUNDU, KUMBLERI P.O.,
S.BATHERI TALUK, WAYANAD DISTRICT.
BY ADV.SRI.S.JUSTUS
RESPONDENTS/STATE & 3RD ACCUSED
1. THE S.I. OF POLICE
MEENANGADI POLICE STATION,
MEENANGADI - 682 027.
2. THE S.I OF POLICE
SULTAN BATHERY POLICE STATION,
SULTAN BATHERY.
3. THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
4. ELDHO
AGED 47, S/O. MATHAI,
THANELIMALIL HOUSE, RATTAKUNDU,
KUMBLERI P.O., KRISHNAGIRI,
S.BATHERI TALUK.
R1-R3 BY SENIOR PUBLIC PROSECUTOR SRI. ALEX M. THOMBRA
R4 BY ADV. SRI.N.K.MOHANLAL
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 31-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mks
Crl.MC.No. 451 of 2017
APPENDIX
PETITIONER(S)' ANNEXURES
A1 TRUE COPY OF THE ORDER DATED 29.4.2016 IN BA NO.
2742 OF 2016.
A2 TRUE COPY OF THE F.I.R DATED 25.10.2016 IN CRIME NO.
1136 OF 2016 OF SULTHANBATHERY POLICE STATION.
A3 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1136
OF 2016 OF SULTANBATHERY POLICE STATION.
A4 TRUE COPY OF THE PETITION DATED 04.1.2017
SUBMITTED BEFORE THE SULTHANBATHERY POLICE
STATION.
RESPONDENTS ANNEXURES
NIL
/TRUE COPY/
P.A. TO JUDGE
mks
01/08/2018
K.ABRAHAM MATHEW, J
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Crl.M.C No. 451 of 2017
-----------------------------
Dated this the 31st day of July, 2018
ORDER
Petitioner is the third accused in Crime No.22 of 2016 of Meenangadi Police Station registered for the offences under sections 308, 323, 326 and 341 IPC. He was granted bail subject to the condition inter alia that he shall not get himself involved in any other criminal case. The petitioner who is the victim now alleges that the above condition was violated by the third respondent and his bail is liable to be cancelled. The allegation is that he committed the offence under section 160 IPC and 118 (e) of Kerala Police Act for which crime No.1136 of 2016 of Sulthanbathery Police Station was registered against him. The prayer is to cancel the bail.
2. Heard the learned counsel for the petitioner and the third respondent and the learned Public Prosecutor.
3. This court granted bail to the petitioner by Annexure A1 order passed on 29.04.2016 in Bail Appl.No. 2742 of 2016. One of the conditions was that he shall not get himself involved in any criminal case while on bail. Admittedly, the police registered Crime No.1136 of 2016 of Sulthanbathery Police Station against him for the offences under sections 160 IPC and 118 (e) of Kerala Police Act. It is not disputed before me that he pleaded guilty and was convicted. Thus he Crl.M.C No. 451 of 2017 2 has violated the condition in the bail order. His bail is liable to be cancelled.
In the result the bail granted to the petitioner by Annexure A1 order is cancelled. The court concerned shall take steps to take him into custody. This is not an impediment for the court concerned to consider his bail application afresh.
Sd/-
K.ABRAHAM MATHEW, JUDGE //True Copy// PA TO JUDGE SMA