TULSEEDHARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is directed against an order passed by the learned Sessions Judge under Section 439(2) of the Cr.P.C. canceling the bail granted to the petitioners 1 to 9 herein. It will be advantageous to refer to the sequence of events - twists and turns, that have taken place in this case which led to the passing of the impugned order.

(2.) An incident is alleged to have taken place on 24.3.2002 at 2.30 a.m. Bereft of unnecessary details, the crux of the alleged incident is that there was an attempt to widen a pathway which already exists. Fence poles planted on either side of the way were allegedly removed. The de facto complainant was allegedly assaulted and intimidated. Obscenities were showered on him. On his complaint a crime was registered on 24.3.2002. That crime was registered under Sections 323, 506(ii), 294(b) read with Section 34 of the IPC. Six named accused persons (petitioners 1 to 6 herein) and some others (not named) were allegedly responsible for the crime. After investigation, final report was filed raising allegations against petitioners 1 to 6 under Sections 323, 294(b) and 506(ii) read with Section 34 of the IPC. Cognizance was taken by the learned Magistrate and C.C.No.981/02 was registered. Petitioners 1 to 6 appeared before the learned Magistrate and they were granted bail under Section 436 of the IPC on 18/1/2003. The de facto complainant was aggrieved and dissatisfied with the investigation conducted. He approached the Director General of Police for further investigation. Further investigation was ordered and further investigation was conducted under Section 173(8) of the Cr.P.C. The case was kept pending before the learned Magistrate.

(3.) Thereupon, in the course of further-investigation, the police arrayed petitioners 7 to 9 also as accused and made a further allegation that the offence under Section 379 of the IPC was also committed by the accused persons. After further investigation, a further final report under Section 173(8) of the Cr.P.C. was filed and in that further final report, accused 7 to 9 were arrayed as additional accused and allegations under Sections 143, 144, 147, 148, 149, 323, 294(b), 506 (ii) and 379 of the IPC were raised.