Alagiri v. State, Rep. by Inspector of Police, Perambalur Police Station
2019-06-07
N.ANAND VENKATESH
body2019
DigiLaw.ai
JUDGMENT : Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records made in Crl. M.P. No. 302 of 2018 in Crl. M.P. No. 242 of 2018 dated 23.04.2018 on the file of the Principal District and Sessions Judge, Perambalur and set aside the same. 1. This petition has been filed challenging the order of the Court below, cancelling the bail granted in favour of the petitioner. 2. The petitioner, who was arrested for an alleged offence under Section 147, 148, 294(b), 324, 506(ii) & 307 of IPC and remanded to judicial custody, filed a bail petition before the Court below and the court below by an order dated 02.04.2018, granted bail to the petitioner by imposing certain conditions. 3. The respondent Police moved a petition for cancellation of bail on the ground that the petitioner has not complied with the condition imposed by the Court below while granting bail. 4. The Court below while considering the cancellation of the bail petition found that the petitioner who was released from the Prison on 07.04.2018, did not appear before the respondent Police as directed by the Court below, and therefore for non compliance of the condition, the Court below proceeded to cancel the bail by an order dated 23.04.2018. Pursuant to the cancellation of bail, the petitioner was arrested by the respondent Police on 28.06.2018 and from then on the petitioner is in judicial custody. 5. Mr. R. Sankarasubbu, learned counsel appearing on behalf of the petitioner submitted that the Court below ought to have taken into consideration, the fact that the petitioner was suffering from small pox and was taking medical treatment and that is the reason why he was not able to report before the respondent Police. The learned counsel further submitted that since it involves the liberty of the petitioner, the Court below ought to have given an opportunity to the petitioner to report before the respondent Police and if in spite of the same the petitioner had not reported, the Court below could have cancel the bail. The learned counsel submitted that the petitioner has already suffered incarceration for nearly one year after the cancellation of bail. 6.
The learned counsel submitted that the petitioner has already suffered incarceration for nearly one year after the cancellation of bail. 6. The respondent Police have filed a status report before this Court, wherein, it has been stated that there are nine cases pending against the petitioner and that he is a habitual offender. The status report further records that there are certain cases which are pending at the stage of trial and if the petitioner is released on bail, he will not co-operate with the pending proceedings, and therefore, the respondent Police strongly objected to entertaining of the cancellation of bail petition. 7. The learned Government Advocate also reiterated the stand taken by the respondent Police in the status report and submitted that there are absolutely no grounds to interfere with the order passed by the Court below. 8. This Court has carefully considered the submissions made on either side and also the materials available on record. 9. This Court does not find any ground to interfere with the orders passed by the Court below since the Court below has rightly cancelled the bail, in view of the fact that the petitioner did not comply with the conditions imposed at the time he was granted bail. If at all, the petitioner had any difficulty in complying with the condition, he should have filed an appropriate application seeking for relaxation/modification of the condition which was admittedly not done in the present case. Therefore, this Court does not want to interfere with the orders passed by the Court below. 10. However, this Court takes note of the fact that the petitioner was arrested pursuant to the cancellation of the bail, on 28.06.2018 and he has already suffered incarceration for nearly 1 year. The Petitioner therefore, is always entitled to file a fresh bail application before the Sessions Court, Perambalur. 11. As and when the petitioner files a bail petition before the concerned Court, the same shall be entertained and the one year incarceration already suffered by the petitioner shall be taken into consideration and bail may be considered in accordance with law by imposing stringent conditions. 12. In the result, this Criminal Original Petition is dismissed with the above directions.