MIRAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 2nd accused in crime No.2356/2020 of Eravipuram Police Station. This Crl. M.C. is filed by the petitioner being aggrieved by Annexure-A2 order passed by the Judicial First Class Magistrate's Court-II, Kollam in C.M.P. No.153/2022 in the aforesaid crime.

(2.) The aforesaid crime was registered against the petitioner and other accused for the offences punishable under Ss. 269, 270, 188, 341, 294(b), 353 and 34 of the Indian Penal Code and also under Ss. 4(2)(d), 5, 4(2)(e)(f) of Kerala Epidemic diseases Ordinance Act, 2020. The petitioner was released on bail in the said case on 7/8/2020 and one of the conditions of bail was that, he shall not get himself involved in a similar offence. Later, he was implicated in crime No.1042/2021 of Eravipuram Police Station in respect of the incident occurred on 5/10/2021 for the offences punishable under Ss. 294(b), 324, 308 read with Sec. 34 of the Indian Penal Code. In such circumstances, the aforesaid C.M.P. was filed by the prosecutionbefore the learned Magistrate seeking cancellation of bail highlighting vilation of conditions of bail. The said application was allowed as per Annexure-A2 and this Crl.M.C. is filed challenging the same.

(3.) Heard Sri. C. Rajendran, the learned counsel appearing for the petitioner and Sri. C.S. Hrithwik, the learned Senior Public Prosecutor for the State.