Budha Lal V. Jose@ Budhan vs State Of Kerala
2023 Latest Caselaw 9779 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                     CRL.MC NO. 4776 OF 2021
  AGAINST THE ORDER/JUDGMENT CRMP 1104/2021 IN CRMP 475/2020 OF
             DISTRICT COURT & SESSIONS COURT,KOTTAYAM
PETITIONER/2ND ACCUSED:

          BUDHA LAL V. JOSE @ BUDHAN
          AGED 22 YEARS
          S/O.V.D.JOSE, VALIYAVEETTIL HOUSE, THELLAKOM P.O.,
          PEROOR, KOTTAYAM-686 637
          BY ADV. NANDAGOPAL S.KURUP


RESPONDENTS/COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
          ERNAKULAM-682 031
    2     THE SUB INSPECTOR OF POLICE,
          GANDHINAGAR POLICE STATION, KOTTAYAM-686 008


          BY ADV. SRI.RENJITH    T.R , PP



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.4776 of 2021


                              2




            P.V.KUNHIKRISHNAN, J.
           ------------------------------
            Crl.M.C.No.4776 of 2021
   ----------------------------------------------
  Dated this the 13th day of September, 2023


                          ORDER

This Criminal Miscellaneous Case is filed under

Section 482 of the Code of Criminal Procedure, 1973

("the Code" for the sake of brevity).

2. Petitioner is the 2nd accused in Crime

No.902/2020 of Gandhinagar Police Station,

Kottayam. The above case is registered against the

petitioner and others alleging offences punishable

u/s 143, 147, 148, 448, 294(b), 452, 506(2), 427

r/w 149 IPC. The offence under Section 27 (2) of

the Arms Act is also alleged.

3. During the crime stage, petitioner was Crl.M.C.No.4776 of 2021

enlarged on bail by the Sessions court, Kottayam

vide Annexure A1 order. Condition No.3 therein

prescribed that the petitioner has to appear before

the Investigating officer once in a week for a period

of one month and thereafter once in two weeks for a

further period of one month. Thereafter, the

petitioner was directed to appear before the

Investigating Officer as and when required. It is the

case of the petitioner that, after his release on

23.11.2020, the petitioner appeared before the

Investigating Officer on 27.01.2021. According to

the petitioner, the Investigating officer did not

permitted the petitioner to sign the register to mark

his presence stating that he was late by a few

minutes. It is the case of the petitioner that the few

minutes delay was occasioned only because the

petitioner was directed to appear before the Station Crl.M.C.No.4776 of 2021

House Officer, Vaikom Police Station vide Annexure

A2 order. It is also submitted by the petitioner that,

he was not allowed to sign the register on

subsequent Wednesdays, even though he was

present. Subsequently, Annexure A6 petition was

preferred by the prosecution before the Sessions

court, Kottayam seeking to cancel Annexure A1 bail

order alleging that the petitioner failed to comply

with condition No.3 imposed therein. The same is

allowed by the Sessions judge as per Annexure A8

order canceling the bail of the petitioner. Aggrieved

by the same, this Crl.M.C. is filed.

4. Heard the learned counsel appearing for

the petitioner and the learned Public Prosecutor.

5. When this Criminal Miscellaneous Case

came up for consideration on 12.10.2021, this Court

stayed Annexure A8 order and that interim order Crl.M.C.No.4776 of 2021

was extended regularly and is in force even now. It

is true that, there are some grounds to cancel the

bail as per Annexure A8 order. But at this distance

of time, I am of the considered opinion that the bail

need not be cancelled and Annexure A8 order can be

set aside. Probably, the main case itself might have

been ripe for trial. In such circumstances, Annexure

A8 order can be set aside.

Therefore, this Criminal Miscellaneous Case is

allowed. Annexure A8 order is set aside and

Annexure A1 order granting bail to the petitioner is

restored.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE Crl.M.C.No.4776 of 2021

APPENDIX OF CRL.MC 4776/2021

PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE COMMON ORDER IN CRL M.P.(TEMPORARY) NO.475/2020 DATED 23.11.2020 PASSED BY THE SESSIONS COURT, KOTTAYAM ANNEXURE A2 TRUE COPY OF THE ORDER DATED 12.01.2021 IN CRL M.P.NO.1566/2020 ARISING OUT OF CRIME NO.1293/2020 OF VAIKOM POLICE STATION, PASSED BY THE SESSIONS COURT, KOTTAYAM ANNEXURE A3 TRUE COPY OF THE PETITION SUBMITTED BY THE MOTHER OF THE PETITIONER BEFORE THE STATION HOUSE OFFICER, GANDHINAGAR POLICE STATION DATED 27.01.2021 ANNEXURE A4 TRUE COPY OF THE PETITION DATED 29.01.2021 PREFERRED BY THE PETITIONER BEFORE THE DISTRICT POLICE CHIEF, KOTTAYAM ANNEXURE A5 TRUE COPY OF THE FINAL REPORT DATED 25.01.2021 IN C.P.NO.8/2021 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ETTUMANOOR ANNEXURE A6 TRUE COPY OF THE PETITION IN CRL.M.P.NO.1104/2021 IN CRL.M.P.NO.475/2020 ON THE FILES OF THE SESSIONS COURT, KOTTAYAM ANNEXURE A7 TRUE COPY OF THE OBJECTION TO Crl.M.C.No.4776 of 2021

ANNEXURE A6 PETITION SUBMITTED BY THE PETITIONER ANNEXURE A8 CERTIFIED COPY OF THE ORDER DATED 28.09.2021 IN CRL M.P.NO.1104/2021 IN CRL.M.P.NO.475/2020 PASSED BY THE SESSIONS COURT, KOTTAYAM

RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE