Kerala High Court
Akhil vs State Of Kerala on 16 February, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
CRL.MC NO. 887 OF 2024
CRIME NO.581/2020 OF KATTOOR POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT SC 359/2021 OF ADDITIONAL
DISTRICT COURT, IRINJALAKUDA
PETITIONER/8TH ACCUSED :
AKHIL, AGED 34 YEARS
S/O SURESH, ESWARAMANGALATH (H)
EDAKULAM DESOM,
POOMANGALAM VILLAGE,
THRISSUR, PIN - 680 121.
BY ADV MANSOOR ALI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER,
KATTOOR POLICE STATION
KATTOOR POLICE STATION ,
KATTOOR, IRINJALAKUDA,
THRISSUR - 680 702.
SRI. NOUSHAD K.A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 887 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.887 of 2024
...................................................
Dated this the 16th day of February, 2024
ORDER
Petitioner is the accused in S.C.No.359/2021 on the files of the
Additional District Court, Irinjalakuda, arising out of Crime
No.581/2020 of Kattoor Police Station. The offences alleged against
the petitioner in the said crime include 302 of the Indian Penal
Code, 1860.
2. By order dated 06.08.2020 in B.A.No.4750/2020, petitioner was
granted bail with certain conditions. One of the conditions
stipulated was that the petitioner shall not involved in similar
offences during the currency of the bail period.
3. Subsequently, on 10.06.2021, petitioner committed offences
punishable under Sections 294(b), 506, 452, and 307 of IPC. In the
subsequent crime, which was registered as FIR No.304/2021, it was
stated that the accused had, on 09.06.2021, with the intention of
committing murder, trespassed into the house of the de facto
complainant's brother and stabbed him with a knife on his chest,
CRL.MC NO. 887 OF 2024
which injured the lungs and chest and petitioner committed the
offences including Section 307 of IPC. Subsequent to the registration
of the said crime, an application was filed by the prosecution as
CMP No.103/2021 in S.C.No.359/2021 to cancel the bail.
4. By order dated 03.11.2021, the learned Additional Sessions Judge
cancelled the bail granted to the petitioner in B.A.No.4750/2020.
5. Sri.Mansoorali, the learned counsel, submitted that, though the
petitioner has been subsequently convicted in Crime No.304/2021 of
Kattoor Police Station, his sentence has been suspended on appeal.
It is stated that after cancellation of bail on 03.11.2021 petitioner
has been detained in jail till date, and therefore, the impugned
order ought to be set aside. The learned counsel further submitted
that none of the conditions required for cancellation of bail are
satisfied, and therefore, the impugned order is perverse.
6. Sri.Noushad K.A., the learned Public Prosecutor, submitted that the
impugned order is of the year 2021 and that petitioner had
acquiesced to the order cancelling the bail, and therefore, the
belated challenge ought not to be entertained. Even otherwise, it
was pointed out that, subsequent crime is of a very serious nature,
CRL.MC NO. 887 OF 2024
which has a tendency to create terror in the minds of the
witnesses, and can affect the trial in S.C.No.359/2021.
7. On a consideration of the submissions made by the learned counsel
for the petitioner as well as the learned Public Prosecutor, I am of
the view that the subsequent crime being very serious in nature, it
will certainly create terror amongst the witnesses, which can affect
the trial in S.C.No.359/2021.
8. Petitioner is the 8th accused in SC No.359/2021 and the trial is still
pending. In the subsequent offence, which was an attempt to
murder, petitioner has already been convicted, indicating that the
crime was not falsely foisted. Petitioner is the sole accused in the
subsequent crime, and the stab injury on the victim had pierced the
chest as well as the lungs. The nature of the subsequent crime
indicates undoubtedly that it will spread terror and fear amongst
the witnesses, and therefore, I do not find any reason to interfere
with the impugned order.
Hence, this Crl.M.C.is dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/17/02/2024
CRL.MC NO. 887 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF F.I.R. NO. 581 OF 2020 OF
KATTOOR POLICE STATION DATED 29.04.2020
ANNEXURE A2 THE TRUE COPY OF THE ORDER IN B.A
4750/2020 DATED 06.08.2020
ANNEXURE A3 THE TRUE COPY OF THE FIR NO.304 OF 2021 OF
KATTOOR POLICE STATION DATED 10.06.2021
ANNEXURE A4 THE ACCUSED COPY OF THE ORDER IN CMP NO
103/2021 OF THE HONORABLE ADDITIONAL
SESSIONS JUDGE IRINJALAKUDA DATED
03.11.2021
ANNEXURE A5 THE TRUE COPY OF THE ORDER IN CRL M.P
29/2024 IN APPEAL CRL A. NO 31/2024 BEFORE
THE ADDITIONAL SESSIONS COURT,
IRINJALAKUDA DATED 12.02.2024.
TRUE COPY
