NADIRSHA S. v. STATE OF KERALA

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: C.S. DIAS
Judgment Date: 2024-06-06
Court Decision / Holding: The bail application is dismissed. The trial court is directed to dispose of S.C.No.753/2020 within two months from the date of receipt of this order.
Final Disposition: The bail application is dismissed.

Parties to the Case

Appellants / Petitioners

Nadirsha S.

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam
The Station House Officer, Sasthamcotta Police Station, Sasthamcotta P.O, Kollam District

Legal Representation & Advocates

Counsels for Petitioners

• Adv. P.V. Dileep

Counsels for Respondents

• Smt. Seetha S., Sr. P.P

Case Synopsis & Summary

This is a bail application (BAIL APPL. NO. 4402 OF 2024) by the second accused in Crime No. 1423/2019 of Sasthamcotta Police Station, Kollam. The Kerala High Court, presided by Hon. Justice C.S. Dias, considers post-bail conduct and the prayer for enlargement of bail while the case proceeds in the Sessions Court. The accused had earlier obtained pre-arrest bail (Annexure-3) on 20.08.2019 with a strict condition not to involve in any other crime. Subsequent events show the accused became involved in Crime No. 359/2023 at the same police station, allegedly committing offences including 308 IPC along with other sections. The State contends that this constitutes post-bail misconduct warranting cancellation of bail, and the Sessions Court had already cancelled the bail, with the petitioner later seeking fresh bail. The court cites P. v. State of Madhya Pradesh & another (2022 KHC 6496), noting that a three-judge Supreme Court bench laid down parameters for cancelling bail where an accused misuses liberty by engaging in similar or other criminal activity. The High Court holds that post-bail misconduct has been established, and enlarging the petitioner on bail would undermine the undertaking and liberty already granted. Consequently, the application is meritless and must be dismissed, with a direction to dispose of S.C.No.753/2020 within two months. The judgment reiterates that undertakings given during bail are sacrosanct and must be observed.

Provisions of Law Cited

Section 439 of the Code of Criminal Procedure, 1973Sections 294(b), 323, 341, 324 and 308 r/w Section 34 of the Indian Penal Code

Legal Doctrines & Maxims

Bail cancellation on post-bail misconduct (misuse of liberty)
Liberty granted on bail is sacrosanct; breach of undertaking undermines bail
Parameters for cancellation of bail laid down by the Supreme Court in P. v. State of Madhya Pradesh & another (2022 KHC 6496)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner sought enlargement on bail, arguing for consideration of bail due to lack of direct flight risk and hardship of custodial trial. Counsel contends that the earlier pre-arrest bail order with conditions should be given effective operation, and that fresh charges or delays should not automatically negate bail. The applicant requests that the court apply caution and conditional bail if necessary, while ensuring the trial progresses, and contends that no evidence of organized flight risk is demonstrated.

Contentions of Respondents

The State submitted that post-bail misconduct—involving the accused in a separate crime despite a clear undertaking not to engage in further criminal activity—justifies cancellation of bail. Citing the parameters laid down in P. v. State of Madhya Pradesh (2022 KHC 6496), the State argued that the liberty granted by bail has been misused and must be withdrawn to uphold justice and ensure a fair trial; the petition for fresh bail should be dismissed to prevent improper shielding of criminal conduct.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
P. v. State of Madhya Pradesh & another	2022 KHC 6496	Positive	The decision lays down the parameters for cancellation of bail on post-bail misconduct; the Kerala High Court relies on it to approve cancellation of bail in the present case.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 6[TH] DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 BAIL APPL. NO. 4402 OF 2024 ``` ``` CRIME NO.1423/2019 OF Sasthamcotta Police Station, Kollam ``` ``` --------------- ``` ## **`PETITIONER/ACCUSED A2 :-`** ``` NADIRSHA.S. AGED 25 YEARS ``` ``` S/O SHAJAHAN, MULAKKA THEKKATHIL, PALLISSERIKKAL, SASTHAMCOTTA VILLAGE, KUNNATHOOR THALUK, KOLLAM DISTRICT., PIN - 690 521 ``` ``` BY ADV P.V.DILEEP ``` ## **`RESPONDENT/COMPLAINANT :-`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682 031 2THE STATION HOUSE OFFICER SASTHAMCOTTA POLICE STATION, SASTHAMCOTTA P.O, KOLLAM DISTRICT., PIN - 690 521 ``` ``` SMT.SEETHA S., SR.PP ``` ## **`THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON`** ``` 06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NO. 4402 OF 2024 ``` ``` -: 2 :- ``` ## **O R D E R Dated this the 6 th day of June, 2024** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the 2[nd] accused in Crime No.1423/2019 of the Sasthamkotta Police Station, Kollam, which is registered against the accused, for allegedly committing the offences punishable under Sections 294(b), 323, 341, 324 and 308 r/w Section 34 of the Indian Penal. 2. The crux of the prosecution case in the above crime is that; on 21.07.2019, the accused, in furtherance of their common intention, to cause hurt to the de facto complainant, abused him in obscene language and thereafter, the accused hit him on his neck and stamped him on the ground. When he fell on the ground, the accused 1 and 2 hit him on his head. It is only because he warded off the attack he did not lose his life. Thus, the accused have committed the above offence. ``` BAIL APPL. NO. 4402 OF 2024 ``` ``` -: 3 :- ``` 3. The petitioner had filed B.A. No.5758/2019 before this Court for an order of pre-arrest bail. By order dated 20.8.2019, the said application was allowed and the petitioner was granted an order of pre-arrest bail. However, in the bail order, it was specifically stipulated that the petitioner shall not get involved in any other crime. The Investigating Officer filed the final report and the case was committed to the Court of Session and numbered as S.C. No.753/2020. Subsequently, the petitioner got involved in Crime No.359/2023 of the very same police station for allegedly committing the offences punishable under Sections 143, 147, 148, 341, 294(b), 323, 324 and 308 r/w Section 149 of the IPC. Consequently, the Investigating Officer filed Crl.M.P. No.640/2023 in S.C.No.753/2020 to cancel the order of bail granted to the petitioner. By Annexure A4 order, the learned Sessions ``` BAIL APPL. NO. 4402 OF 2024 ``` ``` -: 4 :- ``` Judge cancelled the order of bail granted to the petitioner in view of his post bail conduct and as per the law laid down by the Honourable Supreme Court in **P.** .v. **State of Madhya Predesh and another** [2022 KHC 6496]. Subsequently, the petitioner filed Crl.M.P. No.226/2024 to enlarge him on bail. The learned Sessions Judge, by Annexure 2 order, dismissed the application on the ground that the petitioner had misused the liberty and since charge has already been framed, the petitioner has to face custodial trial, but S.C. No.753/2020 can be disposed of within two months. 4. Now, the petitioner has filed the present application to enlarge him on bail. 5. Heard; Sri.Dileep P.V., the learned counsel appearing for the petitioner and Smt.Seetha S., the learned Public Prosecutor. ``` BAIL APPL. NO. 4402 OF 2024 ``` ``` -: 5 :- ``` 6. Indisputably, by Annexure 3 order, this Court had granted the petitioner an order of pre-arrest bail in Crime No.1423/2019 of the Sasthamkotta Police Station on the specific condition that he should not get involved in any other crime during the pendency of the case. The petitioner does not dispute the fact that he has got involved in Crime No.359/2023 of the very same police station for committing the predicate offence under Section 308 of the IPC. Therefore, it is clear that there is post bail misconduct on the part of the petitioner, who has misused his liberty. 7. In **P.** v. **State of Madhya Pradesh & another** [2022 KHC 6496), a three Judge Bench of the Honourable Supreme Court has categorically laid down the parameters under which a bail order can be cancelled. It is, _inter alia_ , held that, if an accused misuses his liberty by indulging in ``` BAIL APPL. NO. 4402 OF 2024 ``` ``` -: 6 :- ``` similar/other criminal activity, certainly the bail can be cancelled. The above view has been reiterated in a plethora of judgments by the Honourable Supreme Court and this Court. 8. The fact remains that the petitioner has violated the specific condition imposed by this Court by getting involved in other crime. Even though the petitioner has filed a fresh application for bail, the same was rightly dismissed by the learned Assistant Sessions Judge in view of the misconduct of the petitioner. After that he has filed the present application. In view of the petitioner flouting his undertaking that he will not get involved in any other crime, I am not impressed by the petitioner’s conduct. I am certain that if the petitioner is enlarged on bail, he would flout the liberty granted to him and undertaking made before the court, which is sacrosanct. ``` BAIL APPL. NO. 4402 OF 2024 ``` ``` -: 7 :- ``` 9. On a comprehensive consideration of the matter, I hold that the bail application is meritless and is only to be dismissed. Resultantly, the application is dismissed. But, the trial court is directed to dispose of S.C.No.753/2020 within two months from the date of receipt of this order, as observed in the order dated 12.04.2024 in Crl.M.P.No.226/ 2024 in S.C.No.753/2020. **Sd/-** **C.S. DIAS, JUDGE** Jvt/7.6.2024 ``` BAIL APPL. NO. 4402 OF 2024 ``` ``` -: 8 :- ``` ## **`APPENDIX OF BAIL APPL. 4402/2024`** ## **`PETITIONER ANNEXURES :-`** ``` Annexure-1THE TRUE COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO. 1423/ 2019 OF SASTHAMCOTTA POLICE STATION, KOLLAM DISTRICT. Annexure-2THE CERTIFIED COPY OF THE ORDER DATED 12.04.2024 IN C.M.P.NO. 226/2024 OF SUBORDINATES JUDGES COURT, KARUNAGAPPALLY. Annexure-3A TRUE COPY OF THE JUDGEMENT DATED 20.08.2019 IN BAIL APPLICATION NO. 5758/2019 OF THIS HONORABLE COURT. Annexure-4THE TRUE COPY OF THE ORDER IN C.M.P NO. 640/2023 IN S.C.NO. 753/2020 DATED 13.12.2023 OF THE SUBORDINATES JUDGES COURT, KARUNAGAPPALLY ```