The High Court of Kerala passed a judgement on 18th January 2023 which stated that cancellation of the bail granted to the petitioner by the learned Special Judge is well within the power of a court. It was stated in the case of BINU v. THE STATE OF KERALA (Crl.MC 9681/2022) which was passed by the single judge bench comprising of JUSTICE A. BADHARUDEEN
FACTS OF THE CASE:
The petitioner herein is the accused where prosecution alleges commission of offences punishable under Sections 341, 427, 324, 326, 308, 120 (B) & 34 of Indian Penal Code. The allegation in the said case was that the 1st accused along with 2nd and 3rd accused, who are rent based goondas (mercenaries) along with 2 other accused, wrongfully restrained the defacto in Athiyannoor village when the defacto complainant reached there along with milk in his scooter. The further allegation was that the accused had brutally manhandled the defacto complainant with intention to do away him. On this premise, the prosecution alleges commission of the above offences. When the 2nd accused was arrested and detained, he moved an application for bail before the Sessions Court .Sessions Judge released the petitioner on bail by imposing conditions and one among the conditions was that “the 2nd accused shall not involve in any other offences while on bail” However, while on bail, the accused got involved in commission of offences punishable under Sections 294(B), 323, 324 and 308 r/w 34 of IPC and commission of offences punishable under Sections 294(b), 323, 324, 506, 341, 307 r/w 34 of IPC.. Highlighting the involvement of the petitioner herein in subsequent 2 crimes, the prosecution had filed to cancel the bail for violation of bail conditions
JUDGEMENT OF THE CASE
Cancellation of the bail granted to the petitioner by the learned Special Judge is well within the power of a court and therefore, the said order does not require any interference. Accordingly, the Crl.M.C failed and is dismissed. There shall be a direction to the petitioner to surrender before the Neyyattinkara Police Station within a period 3 days from today. Failing to do so, the police is directed to arrest and produce the petitioner before the jurisdictional court, since his bail was already cancelled.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.