Muhammed Faisal P T vs State Of Kerala
2023 Latest Caselaw 427 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
 WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                     CRL.MC NO. 9645 OF 2022
        AGAINST THE ORDER/JUDGMENT IN CRMP 4413/2022 OF
              CHIEF JUDICIAL MAGISTRATE ,THALASSERY
PETITIONER/ACCUSED NO.1:

           MUHAMMED FAISAL P T.
           AGED 40 YEARS
           S/O. ABOOBACKER,
           PALAKKATHODI HOUSE, AMBALAKKADAVU,
           KALIKAVU, MALAPPURAM DISTRICT, PIN - 676525
           BY ADV B.PREMOD


RESPONDENTS/ DEFACTO COMPLAINANT:

    1      STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA,
           ERNAKULAM., PIN - 682031
    2      STATION HOUSE OFFICER
           KELAKAM,
           THIRUVANANTHAPURAM., PIN - 695009
    3      SHAMLA BEEGAM
           PADIKKAL HOUSE,
           KANICHAR P O,
           KANNUR,
           KERALA., PIN - 670674

           T.V NEEMA SR.P.P

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 11.01.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 Crl.M.C.No. 9645 of 2022

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                              ORDER

Dated this the 11th day of January, 2023

Annexure A4 order cancelling the bail granted by the

Chief Judicial Magistrate, Thalassery (for short, 'the court

below') to the petitioner invoking Section 439(2) of Cr.P.C. is

under challenge in this Crl.M.C.

2. I have heard Sri.B.Premod, the learned counsel

for the petitioner and Smt.T.V.Neema, the learned Senior

Public Prosecutor.

3. The petitioner is the 1st accused in Crime No.

478/2022 of Kelakam Police Station. The offences alleged

against the petitioner are punishable under Sections 406,

420 r/w 34 of the Indian Penal Code and Section 3, 4 and 5

of Prize Chits and Money Circulation Schemes (Banning) Act

and Section 66 D of Information Technology Act.

4. The petitioner was granted bail by the court below

as per Annexure A2 order on 28/09/2022.

5. Thereafter, the investigating officer has filed a

report at the court below stating that the petitioner has Crl.M.C.No. 9645 of 2022

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violated the bail conditions. The court below even without

hearing the petitioner or giving an opportunity to offer

explanation, passed Annexure A4 order cancelling the bail.

6. This court recently in Muhammed Yasin v.

Station House Officer [2022 (7) KHC 159] has held that,

the bail granted to accused cannot be cancelled under

Section 439(2) of Cr.P.C. on the ground of violation of

conditions of the bail order without issuing notice to the

accused and without giving an opportunity of being heard.

The dictum laid down in the said decision squarely applies to

the facts of the case.

Hence, the impugned order is set aside. The court

below is directed to consider the matter afresh and pass

orders in accordance with law, after hearing both sides. The

Crl.M.C. is allowed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE

APA Crl.M.C.No. 9645 of 2022

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APPENDIX OF CRL.MC 9645/2022

PETITIONERS' ANNEXURES

Annexure 1 CERTIFIED COPY OF THE FIR IN CRIME NO.

478/2022 OF KELAKAM POLICE STATION Annexure 2 CERTIFIED COPY OF THE ORDER DATED 28.09.2022 IN CMP NO.4192/2022, GRANTING BAIL TO THE PETITIONER.

Annexure 3 THE TRUE COPY OF THE EMAIL SENT BY THE PETITIONER TO THE STATION HOUSE OFFICER ON 3/10/2022 Annexure 4 CERTIFIED COPY ORDER DATED 10.10.2022 IN CRL.M.P NO.4413/2022, ISSUED BY THE CHIEF JUDICIAL MAGISTRATE THALASSERY.