VIJAYAN Vs. THE STATE

JUDGEMENT

(1.) THIS is an application filed by the injured petitioner under S. 439(2) of Cr.P.C. to cancel the anticipatory bail order dated 17.9.1997 granted to the respondents 2 to 4 herein in Crl.O.P. No. 11947/97 on the file of this Court.

(2.) THE material averments in the affidavit of the petitioner filed in support of this application to cancel the anticipatory bail are as follows:

(3.) THE Learned Counsel for the petitioner contended that the Respondents 2 to 4 herein moved three anticipatory applications, and they are the Petitions in Crl.O.P. Nos. 7750/97, 10685/97 and 11947/97 relating to Crime No. 248/97 and the first anticipatory bail application in Crl.O.P. No. 7750/97 was dismissed by M. Karpagavinayagam, J. with a direction for the Respondents 2 to 4 herein to surrender before the lower Court where the FIR is pending and seek regular bail before the appropriate Court, and the 2nd bail application in Crl.O.P. No. 10685/97 was withdrawn and so it was dismissed as withdrawn on 11.8.1997, and the 3rd anticipatory bail petition in Crl.O.P. No. 11947/97 was filed without mentioning the observation made by M. Karpagavinayagam, J. in the first bail application in Crl.O.P. No. 7750/97, but merely stating that the first bail application in Crl.O.P. No. 7750/97 was dismissed on 3.7.1997, and thus the Respondents 2 to 4 herein have deliberately suppressed the observation made in the first bail application in Crl.O.P. No. 7750/97 and thereby misled the Court and obtained the anticipatory bail subsequently which became an instrument for them to indulge in acts of violence committed by them on 23.9.1997 and 24.9.1997, and therefore the anticipatory bail granted to the Respondents 2 to 4 herein must be cancelled.