High Court Kerala High Court

Joseph @ Jose vs Dy.S.P Crime Branch on 29 August, 2008

Kerala High Court
Joseph @ Jose vs Dy.S.P Crime Branch on 29 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2954 of 2008()


1. JOSEPH @ JOSE, S/O. JOHNY ULAHANNAN,
                      ...  Petitioner

                        Vs



1. DY.S.P CRIME BRANCH,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :29/08/2008

 O R D E R
                      V. RAMKUMAR , J.
            ==========================
                      Crl.R.P. No. 2954 of 2008
            ==========================
             Dated this the 29th day of August, 2008.

                            ORDER

The revision petitioner, who is the 6th accused in S.C. No.

885 of 2006 on the file of the Special Judge (NDPS Act Cases),

Vadakara, was granted bail by this Court as per the order dated

12.12.2006 in B.A. No. 7491 of 2006. The offences alleged

against the petitioner and others are those punishable under

Sections 143, 147, 148, 341, 364, 395, 307, 302 and 427 r/w

Sections 149 and Section 120 B of IPC. While the petitioner was

on bail, the Sulthan Bathery police registered a case against him

under Section 225(B) IPC and Section 3 and 5 of the Explosive

Substances Act. The said case was registered as crime No. 231

of 2006. He again applied for bail before the trial court by filing

C.M.P. No. 607 of 2008. The said application was dismissed,

inter alia, holding that the petitioner had failed to comply with

the conditions imposed by this Court while he was enlarged on

bail and that he had abused the liberty granted to him. It is the

said order dated 05.08.2008 passed by the trial Judge which is

CRL.R.P. NO. 2954/2008 : 2:

assailed in this revision.

2. The learned counsel for the revision petitioner would

submit that the trial Judge had no jurisdiction to cancel the bail

order issued by this Court and that if the petitioner was guilty of

non-compliance of the bail conditions the maximum which that

court could do was to cancel the bail bond. I cannot agree with

the above submission. First of all, the court below has not

cancelled the bail order or the bail bond. The court has only

dismissed the petitioner’s application for bail. While doing so, the

court has also observed that the petitioner committed breach of

the bail conditions and misused the liberty granted to him by the

court. That cannot amount to cancellation of the bail order. The

remedy of the petitioner is to apply for fresh bail either before

the trial court or before a superior Court. I see no ground to

interfere with the impugned order.

This revision is accordingly dismissed.

Dated this the 29th day of August, 2008.

V. RAMKUMAR, JUDGE.

CRL.R.P. NO. 2954/2008 : 3:

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