ABUSE OF CONCESSIONS GRANTED TO THE ACCUSED IN ANY MANNER IS A GROUND TO CANCEL THE BAIL : KERALA HIGH COURT
The High Court of Kerala passed a judgment on 18th January, 2023 stating that any violation of the conditions or concessions given to the accused is a valid ground to cancel the bail application. It was stated in the case of Jeby James vs State Of Kerala (Crl.M.C No.7371 of 2022) which was passed by the single judge bench comprising of Justice A. BADHARUDEEN
FACTS OF THE CASE:
The petitioner herein, the accused alleged to have committed offences punishable under Section 20(b)(ii) B, C, 22(a)(b) and 29 of the NDPS Act. He was nabbed by the police and thereafter released on statutory bail, since the prosecution failed to file final report within the statutory period. While granting statutory bail, one among the conditions was:”The accused/petitioners shall not get involved in similar offences during the currency of the bail. Subsequently, Thrikkodithanam Police recovered 9.100 kgs of dried ganja from the possession of the petitioner along with the other 2 accused and alleging commission of offences punishable under Section 20(b)(ii) B of the Narcotic Drugs and Psychotropic Substances Act he was arrested in the said case. But he was released on bail subsequently in the above crime. The petition was filed by the prosecution seeking cancellation of bail granted to the petitioner since the petitioner violated condition of the order.
JUDGEMENT OF THE CASE
The law is settled that indulging in similar or other criminal activities is a reason for cancellation of the bail, particularly, when a condition imposed in the initial bail order is to that effect, involvement of the accused in a similar offence by itself is a reason to cancel the bail granted, cancellation of bail on the said finding is to be justified. Therefore, the order impugned does not require any interference and hence the Crl.M.C was dismissed.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.