The High Court declined to cancel bail granted by the Additional Sessions Judge in a POCSO case. It directed the petitioners to approach the granting court for cancellation of bail and disposed of the criminal miscellaneous petition.
Direction to file before bail granting court and disposal of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 21ST DAY OF MAY 2019 / 31ST VAISAKHA, 1941
Crl.MC.No. 190 of 2019
AGAINST THE ORDER/JUDGMENT IN CRMC 1552/2018 of SPECIAL COURT UNDER POCSO ACT, THRISSUR DATED 01-12-2018
CRIME NO. 577/2018 OF Valappad Police Station , Thrissur
PETITIONER/S:
1 VASANTHI, AGED 55 YEARS, W/O. LATE BHASI, CHIRAYIL PARAMBU HOUSE, VALAPPAD BEACH P.O., VALAPPAD VILLAGE, CHAVAKKAD TALUK THRISSUR DISTRICT.
BY ADVS.
SRI.V.SETHUNATH
SRI.V.R.MANORANJAN (MUVATTUPUZHA)
RESPONDENT/S:
1 THE DISTRICT POLICE CHIEF, THRISSUR P.O., PIN-680001.
BY ADV. SRI.RAJIT
OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1 TO R3, SRI.RAJIT FOR R4
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
==================
Crl.M.C.No. 190 of 2019
==================
Dated this the 21st day of May, 2019 O R D E R
It appears that R-4 herein, who is the accused in Anx. 1 Crime No. 577/2018 of Valappad Police Station, which has been registered at the instance of the petitioners, has been granted bail pursuant to Anx.2 order dated 1.12.2018 rendered by the Court of the I Addl. Sessions Judge, Thrissur, on Crl.M.C.No. 1552/2018. The case of the petitioners is that the said accused has violated some of the conditions of the said order granting bail, more particularly condition No.6(e) thereof and that therefore the bail is liable to be cancelled for violation of the said bail condition.
It is beyond any dispute that Anx.2 bail order has been rendered by the Court of the Addl. Sessions Judge, Thrissur. Therefore, this Court is of the view that it is for the petitioners to essentially approach the said court, which has granted bail, to raise the abovesaid plea for cancellation of the bail on the ground of the alleged violation of the bail condition and thereafter, if the petitioners have any grievance, they will be at liberty to work out their remedies in accordance with law. With the said liberty, the above Crl.M.C. will stand disposed of.
Sd/- ALEXANDER THOMAS, JUDGE
sdk+
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-1 THE TRUE COPY OF THE COMPLAINT AND FIR IN CRIME NO.577/2018 OF VALAPPAD POLICE STATION.
ANNEXURE-2 THE TRUE COPY OF THE ORDER IN CR.M.C. NO.1552/2018 ON THE FILE OF THE ADDITIONAL SESSIONS COURT, THRISSUR.
1 issue framed by the court
Whether the High Court should entertain the plea for cancellation of bail granted by the Sessions Court on grounds of alleged violation.
VASANTHI
SREE LAKSHMI C.B.
THE DISTRICT POLICE CHIEF
THE DEPUTY SUPERINTENDENT OF POLICE
THE SUB INSPECTOR OF POLICE
YADUKRISHNA K.J.
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
