STATE OF KERALA Vs. VISHNU

JUDGEMENT

(1.) This is a proceedings initiated suo motu under Section 439(2) of the Code of Criminal Procedure for cancelling the pre-arrest bail granted to the respondent.

(2.) The facts necessary for the disposal of the case is as follows: The respondent Vishnu, S/o. Jayasree is the 2nd accused in Crime No. 221 of 2004 of Pazhayannur Police Station. 1st accused in that case is one Sulaiman, S/o. Saithumohammed. The accused, it is alleged, in furtherance of a common intention of committing theft of cement stored for the construction of a building of the defacto complainant Veerankutty, committed theft of one bag of cement from the construction site and placed the same in an autorickshaw. Before they could steal another packet of cement, the defacto complainant came to the spot. On seeing the defacto complainant, the accused abandoned not only the cement bag they had stolen, but also the autorickshaw and fled away from the scene of occurrence. Based on the F.I, Statement given by the defacto complainant, Crime No. 221 of 2004 of Pazhayannur Police Station under Section 379 read with Section 34 of Indian Penal Code was registered against the respondent and Sulaiman.

(3.) 1st accused Sulaiman filed B.A.5187 of 2004 before this Court under Section 438 of the Code of Criminal Procedure for the relief of pre-arrest bail on 7.9.2004. The case was posted to 13.9.2004 for instructions. On that day, the case was adjourned for production of Case Diary to 20.9.2004. On that day, a learned Single Judge of this Court dismissed that bail application holding that it was not necessary at that stage to permit the 1st accused to arm himself with any direction under Section 438 Cr.P.C.