**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.**
**FRIDAY, THE 7[TH] DAY OF OCTOBER 2022 / 15TH ASWINA, 1944**
**CRL.MC NO. 6426 OF 2022**
**AGAINST THE ORDER/JUDGMENTCRMP 723/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,NILAMBUR**
## **PETITIONER/RESPONDENT/2ND ACCUSED:**
HARIF P AGED 32 YEARS S/O SHOWKATHALI, PILATHODAN HOUSE, KAMBANIKKUNNU, VADAPURAM, MALAPPURAM DISTRICT. PIN - 676542 BY ADVS. P.SAMSUDIN MILAN RACHEL MATHEW LIRA A.B.
## **RESPONDENTS/PETITIONER/STATE AND CSOMPLAINANT:**
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER. NILAMBUR POLICE STATION, NILAMBUR P.O, MALAPPURAM DISTRICT. , PIN - 679329
0 PP M P PRASANTH
**THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:**
2
Crl.M.C No.6426 of 2022
## **O R D E R**
The petitioner, who is the 2[nd] accused in Crime No. 593/2021 of Nilambur Police Station, has approached this Court by filing this Crl.M.C challenging Annexure-A7 order passed by the Judicial First Class Magistrate Court, Nilambur in Crl.M.P 723/2022 in the aforesaid crime. The above crime was registered against the petitioner and some other person for the offences punishable under Sections 341, 323, 324, 308, and 283, read with Section 34 of the Indian Penal Code.
2. Earlier, the petitioner was granted anticipatory bail on 13.12.2021 as per Annexure-A2 order in the aforesaid crime. As per the said order, the bail was granted subject to certain conditions and one of the said conditions was that the petitioner should not involve in any other offence while he is on bail. Based on the same, the petitioner surrendered before the learned Magistrate and was released on bail upon executing the bond in tune with the conditions imposed by the Sessions Court in Annexure-A2 order. Later, the petitioner was implicated as an accused in Crime No. 17/2022 of Karippoor Police Station, which
3
Crl.M.C No.6426 of 2022
was registered for the offences punishable under Sections 110 of the Customs Act and also under Section 395 of the Indian Penal Code. Even though the petitioner was not originally named in Annexure-A6 FIR registered in the said crime, later, he was implicated as the 9[th] accused by way of a report submitted in this regard. Consequently, the investigation officer in crime 593/2021 filed Crl.M.P 723/2022 before the Judicial First Class Magistrate, Nilambur, seeking cancellation of bail, which was allowed as per Annexure-A7 order. This Crl.M.C is filed challenging the aforesaid order.
3. Heard Sri. P. Samsudin Panolan, the learned counsel appearing for the petitioner and Sri.M.P Prashanth, the learned Public Prosecutor for the State.
4. The contention put forward by the learned counsel for the petitioner is that, the petitioner was falsely implicated in crime No. 17/2022 and therefore, the fact of he being an accused in the said crime cannot be taken as a valid ground for cancelling the bail already granted by the Sessions Court in Crime No. 593/2021 of Nilambur Police Station. It is also contended that, in Crime
4
Crl.M.C No.6426 of 2022
593/2021, the police submitted the final report on 24.12.2021, and consequent to the same, the condition imposed by the Sessions Court in Annexure-2 comes to an end and even if the petitioner is implicated in an offence, subsequent to the submission of the final report, that cannot be taken as a ground for cancelling the bail for violation of the conditions. According to him, the conditions imposed in the order of granting anticipatory bail will not have any operation once the final report is submitted.
It is also pointed out that the allegations contained in the subsequent crime have nothing to do with the earlier crime and the prosecution does not have a case that the act which formed the basis of the registration of subsequent crime, would in any manner affect the trial of the case in Crime 593/2021. Therefore, it was contended that, the Annexure-A7 order is liable to be set aside as the same is not legally sustainable.
5. On the other hand, the learned Public Prosecutor would seriously oppose the aforesaid contentions. It is pointed out that, apart from these two crimes, the petitioner is also involved in three other cases and some of the offences are under Section 379
5
Crl.M.C No.6426 of 2022
of IPC and the provisions of the Abkari Act. Besides the same, proceedings under Section 107 of Cr.P.C is also pending against the petitioner. He is also included in the rowdy history sheet maintained by the Nilambur Police Station. Therefore, it was pointed out that the petitioner is continuously misusing the liberty granted to him by the Court and therefore, no indulgence is warranted in this case.
6. I had gone through the materials placed before me and heard the contention raised from either side. It is true that the final report has been submitted in Crime 593/2021, before the registration of crime 17/2022 by Karippoor Police Station. However, merely because of the reason that the final report has been submitted in the said case, the conditions imposed by the Sessions Court while granting anticipatory bail would not cease to have any effect. The proposition of law in this regard is settled by the Hon'ble Supreme Court in **Sushila Aggarwal v. State of NCT of Delhi [2020(1) KLT 544 (SC)].** In the said decision, it was held that the said conditions would continue in operation even
6
Crl.M.C No.6426 of 2022
during the trial. Therefore, the aforesaid contention raised by the learned counsel for the petitioner is not legally sustainable.
7. Another contention of the petitioner is that the investigation officer does not have a case that the commission of the subsequent offence will impact the trial of crime 593/2021. However, a crucial aspect to be noticed in this regard is that the anticipatory bail was granted by the Sessions Court to the petitioner on 13.12.2021 and in pursuance to the same, he appeared before the Magistrate within a week from the date of the said order and executed a bond. Later, he was found involved in another crime which was allegedly committed on 22.01.2022, which is within a short span of about one month. The AnnexureA6 FIR registered in Crime No. 17/2022 of Karipoor Police Station would reveal that the same was registered for the offence punishable under 110 of the Customs Act and also under Section 395 of the Indian Penal Code. The nature of the allegations contained therein are serious. Therefore, considering the gravity of the offences in which he was allegedly involved subsequently and the short duration within which he was allegedly involved in the
7
Crl.M.C No.6426 of 2022
said crime, I am of the view that the order passed by the learned Magistrate does not warrant any interference. It is discernible from the impugned order that the learned Magistrate has considered the aforesaid aspects, and I do not find any reason to interfere. The fact that the petitioner was also involved in three other cases would fortify the aforesaid finding. Thus, by getting involved in crimes of this nature repeatedly, he had misused the liberty granted by the Court by granting bail and therefore, no legal infirmity can be attributed to the order of cancellation of bail.
In such circumstances, I do not find any merit in this Crl.M.C and therefore, it is dismissed by confirming the Annexure-A7 order. However, it is made clear that the dismissal of this Crl.M.C and confirmation of the Annexure-A7 order cancelling the bail to the petitioner would not preclude the petitioner from invoking his statutory remedy by seeking bail.
Sd/-
**ZIYAD RAHMAN A.A JUDGE**
rpk
8
Crl.M.C No.6426 of 2022
## **APPENDIX OF CRL.MC 6426/2022**
|PETITIONER ANNEXURES||
|---|---|
|Annexure A1|TRUE COPY OF THE FIR IN CRIME NO. 593/2021|
||OF NILAMBUR POLICE STATION|
|Annexure A2|TRUE COPY OF THE ORDER DATED 13-12-2021 OF|
||THE SESSIONS COURT MANJERI IN CRL MC|
||1177/2021|
|Annexure A3|TRUE COPY OF THE FINAL REPORT IN CRIME|
||593/2021 OF NILAMBUR POLICE STATION|
|Annexure A4|TRUE COPY OF THE PETITION IN CMP NO.|
||723/2022 IN CRIME NO. 593/2021 OF NILAMBUR|
||POLICE STATION|
|Annexure5|TRUE COPY OF THE OBJECTION FILED BY THE|
||PETITIONER IN CMP NO. 723/2022|
|Annexur A6|TRUE COPY OF THE FIR IN CRIME NO. 17/2022|
||OF KARIPPOOR POLICE STATION|
|Annexure A7|CERTIFIED COPY OF THE ORDER DATED 29-08-|
||2022 IN CMP NO. 723/2022 OF THE JUDICIAL|
||FIRST CLASS MAGISTRATE COURT NILAMBUR|
