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A. BADHARUDEEN
X – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent
ORDER :
A. Badharudeen, J.
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure (‘Cr.P.C' for short) to declare that action on the part of the Judicial First Class Magistrate-III, Kozhikode, in completing the committal proceedings in Crime No.17/2024 of Kakkur Police Station without complying the directions of this Court in Crl.M.C No.1411 of 2024 is unlawful.
2. Heard the learned counsel for the petitioner and the learned counsel appearing for the 2nd respondent, who is the accused in Crime No.17/2024 of Kakkur Police Station and the learned Public Prosecutor in detail.
3. Summing up the prosecution case, crime was registered alleging commission of offences punishable under Sections 354D(1)(i), 366, 450, 376(2)(n) and 406 of Indian Penal Code (‘IPC' for short), by the accused. The accused moved anticipatory bail application before the Sessions Court, Kozhikode. As per Annexure-A2 order in Crl.M.C.No.70/24 dated 20.01.2024, the learned Sessions Judge granted anticipatory bail to the accused. The defacto complainant challenged the same before this Court, vide Crl.M.C.No.1411 of 2024 and this Court considered the same and passed Annexure A3
The anticipatory bail granted by the Sessions Court was set aside, and the jurisdictional court must consider the regular bail application on its merits, emphasizing adherence to higher court directi....
Violation of bail conditions justifies cancellation of bail, emphasizing the court's authority to enforce compliance.
Court mandated that cancellation of bail requires due process, and an accused can seek bail for newly added charges without prior cancellation.
The significance of statements recorded under Section 164 and Section 161 of the Criminal Procedure Code in considering applications for anticipatory bail cancellation.
The main legal point established in the judgment is that consistent violation of court directions and non-compliance with previous court orders can warrant the cancellation of bail. Additionally, the....
Bail cannot be cancelled solely for non-fulfillment of mediation compromise terms like maintenance or cohabitation; governed by CrPC Chapter XXXIII, not promises to court.
The main legal point established in the judgment is the application of principles for cancellation of bail, emphasizing the distinction between rejection of bail at the initial stage and cancellation....
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