Kerala High Court
Ashin Surendran vs State Of Kerala on 11 April, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:32292
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
CRL.MC NO. 3407 OF 2025
CRIME NO.176/2021 OF Panur Police Station, Kannur
ORDER DATED 06.07.2024 IN CRMC NO.510 OF 2021 OF DISTRICT
COURT & SESSIONS COURT,THALASSERY
PETITIONER:
ASHIN SURENDRAN
AGED 25 YEARS
S/O SURENDRAN, KALLULLAPARAMBATH HOUSE, PUTHOORAMSOM,
KUTTYERI, K C MUKKU, PANOOR PO, THALASSERY TALUK,
KANNUR DISTRICT, PIN - 670692
BY ADVS.
DEEPAK RAJ
K.SUJITH MOHAN
GOUTHAMI
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
SRI. M.C. ASHI, PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.No.3407 of 2025
2
ORDER
Dated this the 11th day of April, 2025
The challenge in this Crl.M.C is against
Annexure IV order, by which bail granted to the
petitioner in Crime No.176 of 2021 of Panur Police
Station as per Annexure II order, was cancelled. The
reason for cancellation of bail is petitioner's
involvement in a subsequent crime, regarding which
Crime No.180 of 2023 got registered at the Panur
Police Station.
2. Learned Counsel for the petitioner contends
that, mere involvement in a subsequent crime, that too
after ten months after enlargement on bail in the first
crime, cannot, by itself, be a reason for cancelling the
bail. In support of this argument, reliance is placed on
the decision of this Court in Ranjith v. State of
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Kerala (2023 (2) KLT 182) and that of the Apex Court
in Kailash Kumar v. State of Himachal Pradesh
(2025 KHC OnLine 7157). Learned Counsel for the
petitioner submits that in Crime No.180 of 2023,
registration of which is the reason for cancelling the
petitioner's bail, final report was filed before the
Additional Chief Judicial Magistrate Court, Thalassery
and the case taken on file as C.C No.334 of 2023. The
trial in the case has commenced and PW1, the defacto
complainant, having turned hostile, the court decided
not to examine any other witnesses and posted the
case for judgment. It is therefore evident that the
petitioner will be acquitted in that case. It is pointed
out that the petitioner had appeared before the trial
court on 03.04.2025 and is remanded to custody.
3. Heard the learned Public Prosecutor also.
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4. It is doubtful whether the petitioner's bail
could have been cancelled merely by reason of
registration of a second crime. The submission of the
learned Counsel that in the second crime the defacto
complainant turned hostile and without examining
other witnesses, the case is posted for judgment also
assumes relevance in this context.
5. Moreover, the order has resulted in the
petitioner undergoing incarceration from 03.04.2025
onwards. The above factors along with the decisions of
this Court in Ranjith (supra), holding that bail once
granted ought not be cancelled for the mere asking
and that of the Supreme Court in Kailash Kumar
(supra), reiterating the principle that liberty of an
individual, being a precious right under the
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Constitution, cannot be taken away lightly, persuades
me to allow the prayer.
In the result, the Crl.M.C is allowed.
Annexure IV order is quashed and Annexure II order,
granting bail to the petitioner, is restored.
Consequently, the petitioner is directed to be released
from custody immediately on production of a copy of
this order. Registry shall communicate a copy of this
order to the Superintendent of Sub Jail, Thalassery.
Sd/-
V.G.ARUN
JUDGE
SSK/11/04
2025:KER:32292
PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 176/2021 OF PANOOR POLICE
STATION. KANNUR DISTRICT, DATED 31/3/2021
Annexure II A TRUE COPY OF THE ORDER DATED 20.04.2021
IN CRL.MC NO.510/2021 PASSED BY THIS
HON'BLE SESSIONS COURT, THALASSERY, KANNUR
DISTRICT
Annexure III A TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 180/2023 OF PANOOR POLICE
STATION, DATED 4/2/2023
Annexure IV A TRUE COPY OF THE ORDER DATED 06.07.2024
IN CRL. M.P. NO: 29/2024 IN CRL.MC NO.
510/2021 OF SESSIONS COURT, THALASSERY
RESPONDENTS EXHIBITS : NIL
TRUE COPY
P.A. TO JUDGE
