IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2890 of 2009()
1. NABEEL @ ABID NABEEL, S/O. MOIDU @
... Petitioner
Vs
1. STATE OF KERALA REP. BY PUBLIC
... Respondent
For Petitioner :SRI.K.T.SHYAMKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :17/09/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO. 2890 OF 2009
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Dated 17th September 2009
O R D E R
Learned counsel appearing for petitioner
submitted that petitioner was not furnished with a
copy of the report filed by the Magistrate and
petitioner may be granted time to file a detailed
objection. This petition is filed challenging
Annexure-A6 order passed by the Magistrate.
Annexure-A6 order shows that based on the report filed
by the investigating officer pointing out the
violation of condition of bail, learned Magistrate
reported the matter to this court and this court
directed the Magistrate to pass orders in accordance
with law and thereafter notice was issued to the
petitioner and petitioner was granted opportunity and
only thereafter Annexure-A6 order was passed.
Annexure-A6 order itself shows that petitioner
submitted before the learned Magistrate that he was
remanded in Crime Nos.378/2009, 379/2009 and 380/2009
of Hosdurg police station. Therefore, it is absolutely
CRMC 2890/09
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clear that after petitioner was released on bail in this
case, he was involved in three other cases
registered for the offences under various offences.
Learned counsel appearing for the petitioner submitted
that he was falsely implicated on those cases. It is
clear that petitioner has violated the conditions in the
order granting bail. In such circumstances, invoking the
power under Sub Section 2 of Section 439 Code of
Criminal Procedure, the bail granted to the petitioner
in crime No.115/2009 of Hosdurg police station is
cancelled.
Petition is disposed accordingly.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.
CRMC 2890/09
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This petition is filed under Section 482 of Code of
Criminal Procedure to quash Annexure-A6 order
whereunder learned Magistrate cancelled the bail granted
to the petitioner by this court under Annexure-A1 order
dated 8/4/2009. Learned Magistrate passed the said
order in view of the order passed by this court dated
7/7/2009, on a report filed by the Magistrate to the
effect that the report submitted by the investigating
officer reveals that in violation of the conditions of
the bail, petitioner committed another offence involved
in crime No.380/2009 of Hosdurg police station. As per
order dated 7/7/2009 this court directed the Magistrate
to pass appropriate order on the report in accordance
with law. Learned Magistrate assumed that said order
empowers him to pass order cancelling the bail and
therefore, passed Annexure-A6 order. Case of the
petitioner is that learned Magistrate is not competent
to cancel the bail under Section 439 of Code of
Criminal Procedure. As bail was granted by this court,
learned Magistrate is not competent to cancel the bail.
In such circumstances, in view of the original report
filed by the learned Magistrate dated 22/6/2009, it is
necessary for this court to invoke the power under Sub
Section 2 of Section 439 of Code of Criminal Procedure.
Petitioner is directed to show cause why an order under
Sub Section 2 of Section 439 of Code of Criminal
Procedure shall not be passed.
Post on 17/9/2009.