STATE OF KERALA Vs. MOHANAN NAIR

JUDGEMENT

(1.) The State has preferred this Crl.M.C. seeking to invoke the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. to cancel the bail that has been granted in favour of the respondents by the learned Sessions Judge, Trivandrum.

(2.) There is a long history behind this case. An accused person was arrested and detained in custody on the allegation that contraband articles offending the provisions of the Abkari Act were found in his premises, in a shed outside his house. His application for bail was considered by the learned Sessions Judge. He raised a grievance that the contraband articles were planted there without his knowledge by some persons, who are inimical towards him. The learned Sessions Judge, while granting bail to the said person, made certain observations in the order dt.24.1.2007, produced as Annex.I. Thereupon investigation appears to have been entrusted to a senior police personnel and in the course of such investigation it was revealed that such contraband articles were planted by the respondents herein. Accordingly the Investigating Officer arrested the respondents.

(3.) The learned Sessions Judge was approached by the respondents for grant of bail. The learned Sessions Judge considered all the relevant inputs and came to the conclusion that the respondents are entitled to grant of bail, subject to appropriate conditions. The learned Sessions Judge directed release of the respondents on bail.