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K.HEMA
MAHESH – Appellant
Versus
STATE OF KERALA – Respondent
The ratio decidendi of the case is that when a person is granted bail by a higher court, such as the High Court or Sessions Court, the actual release on bail is effected by the Magistrate after the execution of a bail bond, which must incorporate any conditions imposed by the higher court (!) (!) . If the accused violates any of these conditions, the bail bond is automatically forfeited, leading to its cancellation under the provisions governing bail bonds (!) (!) (!) . Once the bond is forfeited and cancelled, the Magistrate has the authority to proceed against the accused for the breach, including issuing warrants and arresting the accused, without the need for a separate order from the higher court to cancel bail (!) (!) (!) . Therefore, the Magistrate can independently act upon violations of bail conditions, especially when such violations result in the forfeiture of the bail bond, and it is not necessary to seek prior cancellation from the court that originally granted bail.
K. Hema, J.
1. If an accused violates any condition imposed by the High Court or the Sessions Court in the order granting bail, can the Magistrate himself proceed against him for such violation, under the provisions of the Code of Criminal Procedure ('the Code', for short). Is it necessary for the Magistrate to address this Court to cancel bail?
2. This Court granted bail to the third accused, as per order dated 4.8.2008 in B. A. No. 4368/2008, on condition that he shall report before the investigating officer, on every alternate day, between 10 a.m. and 1 p.m., until further orders. Another condition was that he shall not leave the limits of the police station within which the crime is registered, except with the previous permission of the learned Magistrate.
3. Bail was granted to 1st and 2nd accused by the Sessions Court as per order in Crl.M.P.3251/07 dated 14.8.2007 on condition that they shall report before the investigating officer on every Monday and Thursday between 10 a.m. and 11 a.m. until the final report is filed. All the three accused executed the bond before the Magistrate Court and were released on bail.
4. The Deputy Superintendent of Police, who is the present
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