STATE OF KERALA Vs. P.GOPALAKRISHNAN

JUDGEMENT

(1.) Invoking inherent jurisdiction of this Court, prosecution seeks to cancel the bail granted to the 8th accused after quashing Annexure E order of the learned Additional Special Sessions Judge (SPE/CBI)-III, Ernakulam in Crl.M.P No.891 of 2022.

(2.) The 8th accused in Sessions Case No.118 of 2018 was granted bail by this Court as per order dtd. 3/10/2017 in B.A No.6616 of 2017, on conditions. The 4th condition in that bail order was that, 'the petitioner shall not directly, indirectly or through any agent try to influence, intimidate, threaten or coerce the victim or any of the prosecution witnesses, by any means, including words expressed or disseminated through any media including, print, electronic or visual media'.

(3.) Thereafter, prosecution filed Crl.M.P No.1299 of 2020 under Sec. 439(2) of Cr.P.C for cancelling the bail granted to the 8th accused alleging that, he violated the bail conditions and won over some of the prosecution witnesses by influencing them. But, as per Annexure C order, the learned trial court dismissed that petition, finding that the prosecution could not convince the court that the 8th accused directly or indirectly influenced the witnesses or tampered with the evidence. That order was not challenged by the prosecution.