IMPORTANT POINT
The anticipatory bail granted by the Sessions Court was set aside, and the jurisdictional court must consider the regular bail application on its merits, emphasizing adherence to higher court directives.

ORDER :

A. Badharudeen, J.

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure (‘Cr.P.C' for short) to declare that action on the part of the Judicial First Class Magistrate-III, Kozhikode, in completing the committal proceedings in Crime No.17/2024 of Kakkur Police Station without complying the directions of this Court in Crl.M.C No.1411 of 2024 is unlawful.

2. Heard the learned counsel for the petitioner and the learned counsel appearing for the 2nd respondent, who is the accused in Crime No.17/2024 of Kakkur Police Station and the learned Public Prosecutor in detail.

3. Summing up the prosecution case, crime was registered alleging commission of offences punishable under Sections 354D(1)(i), 366, 450, 376(2)(n) and 406 of Indian Penal Code (‘IPC' for short), by the accused. The accused moved anticipatory bail application before the Sessions Court, Kozhikode. As per Annexure-A2 order in Crl.M.C.No.70/24 dated 20.01.2024, the learned Sessions Judge granted anticipatory bail to the accused. The defacto complainant challenged the same before this Court, vide Crl.M.C.No.1411 of 2024 and this Court considered the same and passed Annexure A3 order on 12.04.2024, after referring the decisions of the Apex Court on this point and held in paragraphs 13 and 14 as under:

“13. The petitioner doesn't allege that after grant of bail the 2nd respondent did anything to obstruct the investigation in the matter or to harm the petitioner. Hence, for the reason of denial of opportunity to the petitioner of being heard alone and in order to afford an opportunity of being heard to the defacto complainant-petitioner Annexure A3 order is liable to be set aside. However, the jurisdictional court shall consider the application for regular bail to be submitted by the 2nd respondent on his appearance/surrender, on its own merits, and untrammeled by the observations or findings in Annexure A3 order.

14. Accordingly, Annexure A3 is set aside. However, it is ordered that the jurisdictional court shall decide the application for regular bail the 2nd respondent would submit to it on its merits after hearing the defacto complainant and in the light of the observations made herein before, and untrammeled by the observations or findings in Annexure A3 order. It is made clear that until the jurisdictional court decides on the application for regular bail, the 2nd respondent shall continue on bail, provided he was already released on bail in terms of Annexure A3.

The Crl.M.C is disposed of as above.”

4. As per Annexure-A3 order herein, the jurisdictional court was directed to decide the application for regular bail of the 2nd respondent (accused) after setting aside Annexure-A1 order (Annexure-A3 in Annexure A3 herein) by this Court and it was ordered that till the jurisdictional court takes a decision on this application, the accused should continue on bail, provided, he was already released on bail in terms of Annexure-A3 (A1 herein).

5. Pursuant to Annexure-A3 order herein, CMP.1392/2024 was filed before the Judicial First Class Magistrate-III, Kozhikode, by the defacto complainant and the learned Magistrate considered the petition and thereafter passed an order as under:

“17. Point no.(ii): In view of the finding on the point no.(i) the bail granted to the accused on 15.04.2024 is liable to be cancelled. However as argued on behalf of the petitioner that since the Hon'ble High Court permitted the accused to continue on the bail executed in pursuance of the order of the Hon'ble Sessions Court, the accused need not be remanded in judicial custody. Accordingly, the petition is to be allowed to the extent of cancelling the bail.

In the result, the bail granted to the accused, vide order in CMP 1312/2024 dated 15.04.2024 by this Court is hereby cancelled. The bail bond executed in pursuance of that order is also cancelled. Since the Honourable High Court of Kerala has permitted the accused to continue on the bail executed in