IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 714 of 2007()
1. STATE OF KERALA REPRESENTED BY THE
... Petitioner
Vs
1. JOJU, S/O JOHNSON,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.M.B.PRAJITH
The Hon'ble MR. Justice R.BASANT
Dated :23/08/2007
O R D E R
R. BASANT, J.
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Crl.M.C.No. 714 of 2007
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Dated this the 23rd day of August, 2007
O R D E R
The respondent is the first accused in a prosecution for
offences punishable, inter alia, under Section 302 r/w. 149 I.P.C. The
crux of the allegations is that the respondent, who is heading a
goonda group allegedly committed murder of another person, heading
another goonda group. He was arrested. Ultimately he was granted
bail as per order dt. 3.11.2006 in B.A.No. 6131 of 2006 by this Court.
Bail was granted subject to conditions. I enumerate the conditions
below:
“(a) The petitioner shall execute a bond for
Rs.25,000/- with two solvent sureties, each for the like
sum, to the satisfaction of the competent Court of law.
(b) Immediately on release, the petitioner shall
report before the Investigating Officer of Ollur Police
station, and from there, he shall go out of the Sessions
Division of Thrissur.
(c The petitioner shall not enter the Sessions
Division of Thrissur, for a period of six months from the
date of release, except for reporting to the Court(s)
below.
(d) The petitioner shall report to the S.H.O. of
Ollur Police Station, his place of residence as well as the
name of the police station, within which limit he would
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2
reside during the above period of six months. He shall report
to the S.H.O. of that police station once in a week as would be
fixed by the S.H.O. of that police station, and the said S.H.O.
shall communicate, regarding the details as well as the conduct
of the petitioner, within his police station limit.
(e) On completion of the above period of six months,
the petitioner shall return to his place of residence and shall
report to the Investigating Officer of Ollur Police Station, on
the first working day of every month between 10 a.m. and 11
a.m., till the completion of the trial and final disposal of the
Sessions Case, by the Sessions Court.
(f) The petitioner shall not leave the State of Kerala,
until the final disposal of the Sessions Case, by the court
below.”
2. The respondent executed the bond. He appeared before the
Investigating Officer at Ollur. The prosecution alleges that the respondent
did not go out of the Sessions Division, Thrissur as insisted by clause (b).
The prosecution further alleges that the respondent violated the direction
that he should not enter the Sessions Division of Thrissur for a period of
six months from the date of his release as insisted by clause ). The
prosecution further alleges that the respondent, who is bound to report
before the S.H.O. Ollur, his place of residence as well as the name of the
police station within the limits of which he is residing for the period of six
months did not so report. The prosecution has a further case that though the
respondent was obliged to report before the S.H.O. of such police station
Crl.M.C.No. 714 of 2007
3
once in a week as fixed by the said S.H.O. during this period of six months,
he did not so report. The prosecution further alleges that while these
conditions were in force, in violation of the conditions, the respondent
committed crime No.255 of 2007 of Irinjalakuda police station, registered
under Section 395 I.P.C. The respondent was allegedly arrested on
1.5.2007 within the jurisdiction of the Sessions Court of Thrissur. For all
these reasons, the Prosecutor now urges that the respondent has violated the
conditions and subsequently the bail granted to the respondent is liable to
be cancelled.
3. The learned Prosecutor submits that the conduct of the
respondent during the pendency of the proceedings does also leave very
little to be decided. This court issued an interim direction that the
respondent must report before the Circle Inspector of Police, Pala on all
Mondays and Fridays between 10 a.m. and 11 a.m. On 13.4.2007 it was
reported to the court that the said direction is being complied with. But
thereafter he did not comply with the direction. He was arrested later only
on 1.5.2007. From 13.4.2007 to 1.5.2007 also the respondent did not
comply with the interim direction issued by this Court on 2.4.2007. In
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4
these circumstances the learned Prosecutor submits that the bail granted to
the respondent is liable to be cancelled.
4. The respondent has appeared through counsel. A statement has
been filed. It is not disputed that the respondent had not reported his place
of residence to the Ollur Police Station as directed in the order
dt.3.11.2006. It is also undisputed that the respondent has not reported
before the Investigating Officer of the police station within the jurisdiction
of which he is residing during the period of six months. He, of course,
raises a very serious dispute as to whether he is involved in Crime No.255
of 2007. He contests the assertion of the police that he was arrested on
1.5.07 within the jurisdiction of the Sessions Court, Thrissur.
5. I shall eschew the disputed facts. On admitted facts it is evident
that the respondent did not report his address and place of residence to the
Ollur police station. It is also admitted that he did not report before the
S.H.O. of the police station where he took residence during the period of
six months. I am, in these circumstances, satisfied that the prayer of the
Investigator is certainly justified. The respondent faces allegations in a
very serious crime. I am, in these circumstances, satisfied that the prayer
for cancellation of bail must be considered favourably.
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6. It is submitted that the investigation in Crime No.51 of 2006 is
already over. Final report has been filed. The case has been committed to
the court of Sessions. It is pending. I am satisfied that there must be a
direction to the learned Sessions Judge, Thrissur to ensure expeditious
completion of the trial in the Sessions Case, which arose from Crime No.51
of 2006 of Ollur Police Station.
7. Communicate a copy of the order to the learned Sessions Judge.
The learned Sessions Judge shall ensure that the case against the respondent
is disposed of as expeditiously as possible, at any rate, within a period of
four months from this date. If the trial is not completed within four
months, needless to say, the respondent shall be at liberty to approach this
court for bail again.
8. This Crl.M.C. is allowed. The bail granted to the respondent as
per order dt. 3.11.2006 in B.A.No. 6131 of 2006 is cancelled. The
respondent shall forthwith be produced before the Sessions Judge, Thrissur
by the prison authorities. The Sessions case arising from Crime No.51 of
2006 shall be disposed of by the Sessions Judge expeditiously. If disposal
does not take place within that period, the respondent shall be at liberty to
approach this court for bail again.
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9. The learned counsel for the respondent submits that the father of
the respondent is seriously ill. Nothing has been produced before this Court
to indicate that. I need only mention that if the said assertion be true, the
respondent shall be at liberty to seek appropriate relief in accordance with
the prison rules from the Superintendent of Prison concerned.
(R. BASANT)
Judge
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