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State Of Kerala Represented By The vs Joju on 23 August, 2007

Kerala High Court
State Of Kerala Represented By The vs Joju on 23 August, 2007
       

  

  

 
 
  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.
                     - - - - - - - - - - - - - - - - - - - - - -
                      Crl.M.C.No. 714 of 2007
                     - - - - - - - - - - - - - - - - - - - - - -
              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

Crl.M.C.No. 714 of 2007
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

Crl.M.C.No. 714 of 2007
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.

Crl.M.C.No. 714 of 2007
5

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.

Crl.M.C.No. 714 of 2007
6

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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