IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3220 of 2008()
1. STATE OF KERALA REPRESENTED BY THE
... Petitioner
Vs
1. NOUSHER, S/O.ISMAILKUNJU,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :08/09/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.3220 of 2008
--------------------------
ORDER
The accused in Crime No.243/CR/KLM/06, being
investigated by CBCID, Kollam, was granted bail on
conditions by Annexure-A1 order dated 21.12.2006.
The second condition was that petitioner shall not
influence or intimidate the prosecution witnesses
nor shall attempt to tamper with the evidence for
the prosecution. The fourth condition was that
petitioner shall not enter the limits of Thazhava
Village until further orders. This petition is
filed to cancel the bail granted under Section 439
of Code of Criminal Procedure contending that in
violation of the conditions, accused entered
Thazhava Village on 13.7.2008 at about 3.30 p.m.
and threatened the mother of the victim boy and
therefore, the bail is to be cancelled.
2. A complaint was filed before the Magistrate
by the mother of the victim regarding the incident
CRMC 3220/08 2
of 13.7.2008 only on 19.7.2008, based on which
Annexure-A2 FIR was registered. Respondent/accused
filed an affidavit denying the allegations and
stating that he did not enter Thazhava Village on
13.7.2008 and did not threaten the mother of the
victim as alleged. Except the allegations and
denial, there is no material in support of the
allegations that accused had violated the
conditions of the bail warranting cancellation of
the bail. Considering the fact that the alleged
incident was on 13.7.2008 and the complaint itself
was filed by the mother only on 19.7.2008 and there
was no further incident, I do not find that bail is
to be cancelled as sought for.
Petition is dismissed.
8th September, 2010 (M.Sasidharan Nambiar, Judge)
tkv