JOHNEY Vs. S I OF POLICE

JUDGEMENT

(1.) This is an application for bail by the 4th accused in Crime No. 134/87 of the Kothamangalam Police Station whose bail was cancelled by this court on 4/8/1987. Thereafter, for six months he was able to keep himself away, and consequent on his remand to custody on 12/2/1988, this application is moved.

(2.) Petitioner and seven others are alleged to have decoyed a young woman on 11/5/1987, kept her in wrongful confinement for two days, and committed rape on her during that period. Sessions Judge by order dated 9/7/1987 released petitioner on bail. Some other accused moved this court for bail, but bail was refused. Meanwhile, State moved this court for cancellation of bail granted to petitioner and others, by Cri. M.C. 542/87 and Cri. M.C. 543/87. State Prosecutor contended in those applications that accused, if free, would tamper with evidence and cause detriment to investigation and pleaded vehemently for cancellation of bail. Petitioner appeared through counsel, and contested.

(3.) On 4-8-87, bail was cancelled, inter alia, stating: accused set at liberty, will be arrested and committed to prison. This order will not preclude consideration of the issue on a later occasion. Notwithstanding the fact that the order was passed on an application by the State urging compelling grounds, notwithstanding the fact that officers of investigating agency should have been aware of the order, notwithstanding the fact that petitioner appeared through counsel and was on bail with sureties, for six months petitioner was neither arrested nor did he surrender.