Point of Law: Violating Condition Imposed in Bail Order - Cancel Bail - Criminal activity violating condition/conditions imposed in the bail order, the same is a supervening circumstances to cancel the bail.

ORDER :

Crl.M.A.No.3 of 2022

This is a petition filed by the defacto-complainant in Crime No.385 of 2022 of Kalamasssery Police Station to cancel the bail granted to the accused in the above crime. The accused is the second respondent in this petition.

2. Heard the learned counsel for the petitioner, the learned Public Prosecutor as well as the learned counsel appearing for the second respondent.

3. In this case, it is submitted by the learned counsel for the petitioner that, as per order dated 13.05.2022 in B.A.No.3513 of 2022, this Court granted bail to the second respondent/accused in Crime No.385 of 2022 of Kalamasssery Police Station, subject to certain conditions. Condition No.vii is that “it is specifically directed that the petitioner shall not disturb the defacto complainant in any manner and any such occurrence, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail to the petitioner.”

4. Thereafter, violating Condition No.vii, the second respondent, on 22.03.2022 and 26.06.2022, followed the defacto complainant and outraged her modesty. Accordingly, the defacto complainant violated Condition No.vii and therefore, his bail is liable to be cancelled.

5. The learned Public Prosecutor also conceded that the second respondent herein involved in two other crimes, after releasing him on bail and therefore, the second respondent had violated Condition No.vii in the bail order.

6. While opposing cancellation of bail, the learned counsel for the accused/second respondent submitted that the second respondent did not violate any of the conditions imposed by this Court. The contentions raised by the second respondent as could be read out from his objection filed in this matter is as under:

“4. Crime No.791/2021 was a case registered against the 2nd respondent prior to the registration of Crime No.385/2022 of Kalamassery Police Station.

5. This 2nd respondent was implicated as accused in Crime No.355/2022 of Elamakara Police Station. The offences alleged are under Section 354(d)(i)(ii) of IPC, 120(o) of KP Act. The 2nd respondent is innocent of the offences alleged in that case. On a mere perusal of the FIS given by the defacto complainant it is clear that it was one Altaf who send message through Instagram. The accused is not using any Instagram account. This 2nd respondent can prove his innocence during trial. It was with an intention to wreak vengeance against the 2nd respondent that he was implicated in the said case.

6. The allegation in Crime No.741/2022 of Kalamassery Police Station is a false allegation. This respondent was not present in the alleged place of occurrence during the relevant time. The respondent is residing in Thalassery. He is at present working as a waiter in Hotel at Thalassery. As there is a condition in the bail order that this respondent shall not enter the limits of Kanayannur Taluk he did not enter Kanayannur Taluk. It is with an intention to harass the respondent and for cancelling the bail that the respondent was implicated in the said case.

7. The present petition discloses no ground so as to cancel the bail. It is humbly submitted that the accused is strictly complying all the conditions imposed by this Hon'ble Court and undertake that he will comply the same in its letter and spirit. The further Judicial Custody of the accused is not at all warranted as the final report has already been filed and there is no circumstances to cancel the bail already granted in favour of the accused. In that circumstances it is not a ground to cancel the bail already granted to the accused.

8. It is settled position of law that cancellation of bail is a harsh order because it takes away the liberty of an individual granted and was not to be likely resorted to. It is held that normally very cogent and overwhelming grounds or circumstances are required to cancel the bail already granted. The accused has not misused the liberty in any manner. This Hon'ble Court may be pleased to consider