V P HISHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Both the Crl.M.Cs are filed by the first accused in S.C.No.846 of 2013 of Additional Sessions Court-II, Kasaragod, arising from Crime No.471 of 2012 of Chevayoour Police Station for offences punishable under sections 120B, 468, 364, 201, 471 and 302 of the Indian Penal Code.

(2.) Petitioner herein is facing the above charges, along with few other accused. Trial commenced on 21.05.2017 for the examination of 141 witnesses proposed by the prosecution. During those days of trial, 34 witnesses were examined. Thereafter the trial was rescheduled to commence on 20.06.2017 and to be completed on 30.06.2017. During the above period, 17 witnesses were examined. It was again rescheduled from 10.07.2017 to 13.07.2017. PWs.52 and 53 were examined on those days. It was adjourned to 21.08.2017 for further examination. On 21.08.2017, learned Public Prosecutor filed a report for adjourning the trial and for cancellation of bail of accused No.1, 6 and 7 on the ground that the above accused had threatened CW19 over telephone against giving evidence in the above sessions case. The report was heard and by order dated 28.02.2018, it was dismissed. It was held by the Court that, no cogent, convincing and overwhelming grounds to cancel the bail of the petitioners were established. However, the Court observed that "anyhow dismissal of this petition will not preclude the witnesses and relatives of the deceased who were subjected to threat and intimidation from the accused persons, filing a fresh petition under section 439(2) Cr.P.C or to file a complaint by alleging offences punishable under section 195A of the Indian Penal Code, in case, they are advised to do so".

(3.) Thereafter, CW19 who had not yet been examined sent an e-mail on 10.10.2018 to the Sheristhar of the Court complaining that, she was receiving threatening calls from the first accused. He had warned that, if she troubled him, he will defame her and engage people to cause hurt to her, even at Behrin, where she was employed. He had allegedly used different telephones to convey the threat. It was stated by CW19 that, her husband was a relative of the petitioner herein. A copy of the above complaint was forwarded to the City Police Commissioner also. On the basis of the above complaint, Crime No.53 of 2018 was registered by the Chevayur police for offences punishable under sections 195(a), 354 and 506 of the Indian Penal Code. Learned Public Prosecutor filed C.M.P.No.174 of 2018 for cancellation of bail of accused Nos.1, 6 and 7. The above accused filed objections, wherein, they denied the allegations. It was contended that the allegation that the accused used to call her during the past two weeks is absolutely incorrect and they have been contacting each other for the past 2 years. It was further alleged that, whenever she used to visit India, she consistently called the first accused from her mobile number, which was furnished. It was stated that, suppressing this fact, the present complaint was filed.