IMPORTANT POINT
Bail cancellation requires cogent reasons; mere involvement in a subsequent crime does not justify cancellation without evidence of interference with justice.

ORDER :

The challenge in this revision petition is to the order dated 04.09.2024 in Crl.M.P. No.15216 of 2023 in S.C.No. 2291 of 2022 on the file of the Additional Sessions Court (Adhoc-II), Thiruvananthapuram.

2. The petitioner is the accused in Crime No.325/2022 of Vellarada Police Station. He is alleged to have committed the offence punishable under Section 20(b)(ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. On 18.04.2022 around 5.00 p.m., the petitioner was found in possession of 2.045 Kgs of Ganja. The Sessions Court granted bail to the petitioner as per the order dated 23.07.2022 on conditions. The Sessions Court imposed the following conditions while granting bail to the petitioner in Crime No.325/2022 of Vellarada Police Station:-

“.. Therefore, the petition is allowed to release the petitioner on bail, on executing a bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties, each for the like amount, on the following conditions:

(1) The petitioner is directed to co operate with the investigation.

(2) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade such persons from disclosing such facts to the court or to any police officer.

(3) The petitioner shall surrender his passport, if any, within 7 days form the date of his release. If he has no passport, he shall file an affidavit within 7 days after his release.

(4) The petitioner shall not involve in any other offence while on bail.”

4. The police submitted the final report on 30.07.2022 before the Sessions Court. In response to the summons, the petitioner appeared before the Sessions Court. The Court released him on bail on his executing a bond.

5. On 31.08.2023, Vellarada Police registered another crime (Crime No.1100/2023) against the petitioner, alleging offences punishable under Sections 324, 326, 323, 294(b), 506 and 34 of the IPC. The petitioner obtained regular bail in that case. Thereafter, the Investigating Officer in the former crime (Crime No.325/2022) submitted an application as Crl.M.P. No.15216 of 2023 before the Additional Sessions Court-II, Thiruvananthapuram seeking cancellation of bail on the ground that the petitioner violated condition No.4 in the order granting bail in Crime No.325/2022. The learned Sessions Judge allowed the application and cancelled his bail. This order is under challenge in this revision petition.

6. I have heard the learned counsel for the revision petitioner and the learned Public Prosecutor.

7. The learned counsel for the revision petitioner submitted that the conditions imposed by the learned Sessions Judge while granting bail in Crime No.325/2022 were not in force while he was implicated in another crime. The learned counsel submitted that the prosecution failed to produce any cogent materials to establish that the petitioner has committed any offences as alleged in the subsequent crime. The learned counsel further submitted that, even if it is assumed that he was involved in another crime after the submission of the final report on the previous crime, it cannot be concluded that he interfered with the administration of justice, as far as the trial or any proceedings in respect of the previous crime.

8. The learned Public Prosecutor submitted that the prosecution has produced convincing materials to establish the involvement of the petitioner in the subsequent crime. The learned Public Prosecutor contended that the condition imposed by the Sessions Court while granting bail in the former crime continues even after the submission of the final report.

9. It is settled law that the cancellation of the bail is to be dealt with on a different footing in comparison to a proceeding for grant of bail. There shall be cogent and overwhelming reasons for the cancellation of bail granted to an accused. Conventionally, there can be supervening circumstances which may develop post the grant of bail an