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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J.
CYRIL SHAJU S/O SHAJU – Petitioner
Versus
STATE OF KERALA – Respondent
Crl. M.C. No. 7970 of 2024
Decided On : 10-10-2024
Bail - Criminal Procedure - Section 439(2) of Cr.P.C. - The court discussed the legal framework for bail cancellation, emphasizing that violation of bail conditions, particularly involving further criminal activity, justifies cancellation under Section 439(2) of the Cr.P.C.
Fact of the Case:
The accused sought to set aside a bail cancellation order after being arrested for multiple crimes, including sexual offences against a Scheduled Caste member, and violating bail conditions by committing another crime against the same victim.
Finding of the Court:
The court found that the accused violated bail conditions by engaging in further criminal activity, which warranted the cancellation of his bail as per established legal principles.
Issues: Whether the bail granted to the accused should be cancelled due to his involvement in another crime while on bail.
Ratio Decidendi: The court held that violation of bail conditions, particularly engaging in further criminal activity, constitutes a valid ground for bail cancellation under Section 439(2) of the Cr.P.C.
Result: The court dismissed the petition and upheld the bail cancellation order.
Based on the provided legal document, the key points are as follows:
The court emphasized that violation of bail conditions, especially through engaging in further criminal activity, justifies the cancellation of bail under Section 439(2) of the Cr.P.C. (!) (!)
The case involved the accused, who was initially granted bail with a condition that he would not involve himself in any other crime. However, the accused violated this condition by committing another crime involving threats and trespassing upon the same victim (!) (!) .
The court found sufficient evidence that the accused misused his liberty by engaging in subsequent criminal activity, which warranted the cancellation of his bail (!) (!) .
The legal framework supports that bail, once granted, should not be canceled mechanically; rather, cancellation is justified if there are supervening circumstances or conduct that demonstrate it is no longer appropriate for the accused to remain on bail (!) (!) .
The court highlighted that violations of bail conditions, such as committing additional crimes or attempting to threaten witnesses, are valid grounds for bail cancellation (!) (!) .
The court upheld the order cancelling the bail and dismissed the petition seeking to set aside this order, directing the petitioner to surrender immediately or face arrest (!) .
Overall, the decision underscores that engaging in further criminal activity while on bail is a serious violation that justifies its cancellation to uphold justice and societal interests.
ORDER :
1. This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) by the accused in Crime No. 248/2024 seeking the following reliefs:
(ii) To direct the learned Sessions Judge to enlarge ghe petitioner on bail in Crime No. 248/2024 of Irinjalakuda police station in SC 720/2024 on the file of Court of Special Jude, Special Court for SC/ST (POA) Act, Cases, Thrissur, in the interest of justice.
(iii) To dispense any other relief as deem just fit for the above case, in the interest of justice.”
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the relevant documents, including Annexure 7 order.
3. Annexure 7 common order in Crl. M.P. No. 220/2024 and Crl. M.P. No. 240/2024 in S.C. No. 720/2024 on the files of the Special Court for trial of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act Cases, Thrissur, arose out of Crime No. 248/2024, is under challenge in this petition. Here the prosecution alleges commission of offences punishable under Section 376(2)(n), 406, 420 and 3(2)(va) of the SC/ST (POA) Act and the allegation is that the accused, who is not a member of either Scheduled Caste or Scheduled Tribe, subjected the victim, who is a member of the Scheduled Caste community, to repeated sexual intercourse on the promise of marriage and also obtained Rs.2,50,000/- from the victim. The petitioner was arrested on 07.03.2024 and subsequently released on bail on 23.03.2024 by imposing conditions as per Annexure A3 order. Thereafter in violation of one of the conditions in the bail order, he had involved in another crime, viz. Crime No. 595/2024 of Irinjalakkuda Police Station, where the prosecution alleges commission of offences punishable under Sections 341, 323, 506, 294(b) and 448 of IPC and the specific allegation is that at 1 a.m. (after midnight) on 09.04.2024 the accused herein trespassed upon the house of the same victim and threatened her stating that she would be killed if she would not withdraw from the present crime. Then the prosecution filed Crl. M.P. No. 220/2024 to cancel the bail granted to the petitioner and the petitioner moved Crl. M.P. No. 240/2024 to modify the bail conditions and finally the trial court allowed Crl. M.P. No. 220/2024 and cancelled the bail of the petitioner while dismissing his prayer to modify the bail conditions.
4. While granting bail as per Annexure 3, the Special Court imposed 4 conditions and the 4th condition was that the accused shall not involve in any other crime. But in gross violation of the bail conditions, he got involved in Annexure 4 crime, that too, after trespassing upon the residence of the victim after abusing and threatening her with dire consequence that if the present crime could not be withdrawn the victim would be killed. Even though voice clips were placed before the trial court to contend that the allegation in the second crime was false, on verifying the audio clip along with the prosecution allegations, the learned Special Judge found that the petitioner misused his liberty and involved in the second crime which was, prima facie, established and, therefore, his bail is liable to be cancelled.
5. In so far as the legal question as to whether what are the contingencies under which bail can be cancelled the law is well settled. In the decision reported in 2022 (7) KHC 109 : 2022 KHC Online 883 : 2022 (6) KLT Online 1129, Sreeja Mannangath v. State of Kerala, this Court considered the parameters governing cancellation of bail referring the decisions of the Apex Court and observed in paragraphs 8 to 15 as under:
Violation of bail conditions, especially through further criminal activity, justifies cancellation of bail under Section 439(2) of the Cr.P.C.
Violation of bail conditions, misuse of liberty, and involvement in criminal activities during the bail period are grounds for cancellation of bail, as per Section 439(2) of Cr.P.C.
Bail may be cancelled if the accused violates conditions by engaging in further criminal activity, with the court needing to assess the seriousness and context of such violations.
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.
Point of law : Hon'ble Apex Court has adverted to all the past precedents and has encapsulated the circumstances under which bail granted to the accused under S.439 (1) of the Cr. P. C. can be revoke....
Bail should not be cancelled without clear evidence of violation of conditions or misuse of liberty, as established by the court's analysis.
Cancellation of bail requires cogent evidence of supervening circumstances; mere subsequent charges do not automatically justify cancellation if they do not affect the original trial.
The court ruled that mere registration of a subsequent offence does not justify automatic bail cancellation; a thorough inquiry into supervening circumstances is necessary.
Cancellation of bail requires substantial grounds indicating misuse or misconduct; mere allegations of injustice without evidence do not suffice for revocation.
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