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2012 Supreme(Ker) 15

K.T.SANKARAN
State of Kerala – Appellant
Versus
Moidheen Kunji – Respondent


Advocates appeared:
For the Petitioner:P. Chandrasekhara Pillai, Advocate.
For the Respondent:I.V. Pramod, Advocate.

Judgment

1. The question involved in the Criminal Miscellaneous Case is whether the order of bail granted by the High Court in favour of the accused under Section 439 of the Code of Criminal Procedure at the crime stage can be cancelled by the High Court after the final report was filed and after the Sessions Court granted regular bail to the accused, on the ground that the accused violated the conditions in the order passed by the High Court.

2. As per the order dated 21.1.2010 in B.A. No.202 of 2010, bail was granted to the respondent and three others in Crime No. 213 of 2009 of Badiadka Police Station. The offences alleged against the accused were u/Sections 143, 147, 148, 341 and 302 read with Section 149 of the Indian Penal Code. Bail was granted to the respondent and others at the crime stage. Later, as the order passed by this Court in a Writ Petition, investigation of the crime was handed over to the Central Bureau of Investigation (“the C.B.I.” for short). The C.B.I. deleted some accused from the array of accused and added some others as accused. The offences alleged against the accused as of now are u/Sections 120B, 143, 147, 148, 341, 302 and 212 read with Section 149 of















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