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High CourtsSingle Bench(2022) 09 KL CK 0105

Seljo John@Sanu vs State Of Kerala

High Court Of Kerala · Decided on 22 September 2022

HON’BLE JUDGES
Dr Kauser Edappagath, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition No. 6125 Of 2022

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Judgment

12 paragraphs · 346 words

Dr. Kauser Edappagath, J

1.

Annexure IV order passed by the Judicial First Class Magistrate Court-I, Kasaragod is under challenge in this Crl.M.C.

2.

The petitioner is the accused. The offence alleged against the petitioner is punishable under Section 302 of IPC.

3.

He was granted bail by the court below under Section 167(2) of Cr.P.C on several conditions. One of the conditions is that, he shall appear before the investigating officer on all Wednesdays and Saturdays till the filing of the final report. The petitioner failed to comply with the said condition. Hence, the investigating officer filed C.M.P.No.169/2022 to cancel the bail which was allowed as per the impugned order and the bail of the petitioner was cancelled. Aggrieved by the said order, the accused preferred this Crl.M.C.

4.

I have heard the counsel for the petitioner as well as the learned Public Prosecutor.

5.

It is not in dispute that the petitioner failed to appear before the investigating officer on four days, i.e., 19.01.2022, 22.01.2022, 26.01.2022 and 29.01.2022. The reason offered by him is that he went to his native place at Kollam to meet his minor children and therefore he could not appear before the investigating officer.

Consequent to the cancellation of bail, he was arrested and remanded to judicial custody. He is in custody for the last more than six months. Even though the failure to appear before the investigating officer was deliberate, I am of the view that considering the fact that the petitioner is in custody for the last more than six months, the impugned order can be interfered with.

Hence, this Crl.M.C is disposed of as follows:

(i) The petitioner shall file an application for bail before the court below.

(ii) The court below shall allow the said bail application on imposing conditions which the court below feels fit to impose.

(iii) The court below shall impose a condition that the petitioner shall appear before the Investigating Officer on two days in a week.

(iv) The violation of any of the conditions would result in automatic cancellation of bail.