LAWS(KER)-2022-8-285

GODSON Vs. STATE OF KERALA

Decided On August 10, 2022
Godson Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioners are the accused in Crime No.160/2018 of Kalady Police Station. The petitioner in Crl.M.C No.2814/2022 is the 1st accused and the petitioner in Crl.M.C. No.2807/22 is the 2nd accused in the said crime. The aforesaid crime was registered alleging offences punishable under Ss. 341,308 and 324 r/w. Sec. 34 of the Indian Penal Code (IPC).

(2.) The petitioners were arrested in connection with the said case and later, as per order dtd. 9/2/2018 in Crl.M.C.No.197/2018, the 2nd Additional Sessions Court, Ernakulam, granted bail to them subject to certain conditions. One of the conditions was that they should not involve in any other crime of similar nature during the bail period. Subsequently, the investigation in the said case is completed, and the final report has been submitted.

(3.) Later, Crl.M.P.Nos.249/2022 and 247/2022 were submitted by the Public Prosecutor for cancellation of their bail. The sole reason highlighted in the said petition is that both the petitioners are subsequently involved in Crime No.1159/2021 of Kuruppampady Police Station, which was registered for the offences punishable under Ss. 143,147,308,324,506(ii)and 294(b) r/w. Sec. 149 of IPC. The learned Sessions Judge, as per orders dtd. 24/2/2022 allowed the said applications after hearing the petitioners and thereby, the bail granted to them was cancelled. These orders are now under challenge in this Crl.M.Cs.