In, Godson vs State of Kerala, the Single Bench of Kerala HC has held that, mere violation of the condition alone is not sufficient to cancel the bail granted by the court. Before taking a decision, the court has to conduct a summary inquiry based on the records, including the documents relating to the subsequent crime and arrive at a conclusion as to whether it is necessary to cancel the bail or not.
Facts
The petitioners are the accused in Crime punishable under Sections 341,308 and 324 r/w. Section 34 of the Indian Penal Code (IPC). The petitioners were arrested in connection with the said case and later, as per order granted bail to them subject to certain conditions. One of the conditions was that they should not involve in any other crime of similar nature during the bail period. Subsequently, the investigation in the said case is completed, and the final report has been submitted.
Later Public Prosecutor submitted for cancellation of their bail. The sole reason highlighted in the said petition is that both the petitioners are subsequently involved in Crime, which was registered for the offences punishable under Sections 143,147,308,324,506(ii) and 294(b) r/w. Section 149 of IPC. The learned Sessions Judge, as per orders cancelled the Bail.
The order of the lower court was challenged before the Kerala High Court by the petitioner.
Contention Made
Petitioners’: That the order of cancelling the bail already granted in the year 2018 based on the registration of a Crime in the year 2021 is unwarranted.
Further Counsel contended, That the fact that the petitioners were subsequently implicated for the offences, by itself cannot automatically lead to the cancellation of the bail already granted to them unless cogent and exceptional reasons are highlighted.
Respondents’: The petitioners are involved in several cases. Hence, petitioner is a habitual offender and therefore, no interference is warranted in the order passed by the learned Sessions Judge.
Court Observation
The Single Bench of Kerala High Court while deciding the question; “whether a violation of the said condition should result in the cancellation of the bail in all the cases”?
The Bench observed that, bail is something that affects the personal liberty of a person, which is guaranteed under Article 21 of the Constitution of India, unless there are reasons justifying or warranting such an order, the bail already granted cannot be cancelled.
Further, while considering an application to cancel the bail on the ground of non compliance of the conditions, the court has to consider the question whether the alleged violation amounts to an attempt to interfere with the administration of justice or as to whether it affects the trial of the case in which the accused is implicated.
Court Judgment
Kerala HC while allowing the Petition has held that; The petitioners are indeed involved in some other cases, and one of the petitioners is already undergone preventive detention under KAA(P)A. However, that alone cannot be a reason to cancel the bail, unless it is shown that the involvement of the petitioners in the subsequent crime is affecting the trial of the earlier case.
Case: Godson vs State of Kerala
Citation: CRL.MC NO. 2807 OF 2022
Bench: Hon’ble Mr. Justice Ziyad Rahman A.A.
Decided on: 10th August, 2022.
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