STATE OF KERALA Vs. MOIDHEEN KUNJI

JUDGEMENT

(1.) The question involved in the Criminal Miscellaneous Case is whether the order of bail granted by the High Court in favour of the accused under Section 439 of the Code of Criminal Procedure at the crime stage can be cancelled by the High Court after the final report was filed and after the Sessions Court granted regular bail to the accused, on the ground that the accused violated the conditions in the order passed by the High Court. As per the order dated 21.1.2010 in B.A. No. 202 of 2010, bail was granted to the respondent and three others in Crime No. 213 of 2009 of Badiadka Police Station. The offences alleged against the accused were under Sections 143, 147, 148, 341 and 302 read with Section 149 of the Indian Penal Code. Bail was granted to the respondent and others at the crime stage. Later, as per the order passed by this Court in a Writ Petition, investigation of the crime was handed over to the Central Bureau of Investigation ("the CBI" for short). The CBI deleted some accused from the array of accused and added some others as accused. The offences alleged against the accused as of now are under Sections 120B, 143, 147, 148, 341, 302 and 212 read with Section 149 of the Indian Penal Code.

(2.) After completing the investigation, charge sheet was filed. The case is now pending as S.C. No. 156 of 2011 before the Sessions Court. The trial of the case is going on and some of the witnesses were examined.

(3.) The Criminal Miscellaneous Case is filed by the CBI under Sections 439(2) and 482 of the Code of Criminal Procedure to cancel the order of bail dated 21.1.2010 in B.A. No. 202 of 2010 on the ground that the respondent violated the conditions in the order. One of the conditions imposed while granting bail was that the respondent herein should not commit any offence or indulge in any prejudicial activity while, on bail. It is alleged by the petitioner that the respondent assaulted Sheik Ali, a witness in the case, on 21.10.2011. Crime No. 358 of 2011 of Badiadka Police Station was registered against the respondent under Sections 341, 323, 324, 294 (b) and 308 read with Section 34 of the Indian Penal Code. It is also alleged that the respondent has threatened the witnesses with an intention to prevent those witnesses from giving evidence before Court.