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Visakh, S/o Vijayakumar – Appellant
Versus
State Of Kerala – Respondent
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:-
(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 c
Bail cancellation requires cogent reasons; mere involvement in a subsequent crime does not justify cancellation without evidence of interference with justice.
Bail once granted can only be revoked for cogent reasons and not merely on additional allegations without inquiry.
Point of law: There are no provisions in Cr.PC which specifically deal with cancellation of bail and instead, power is given to court as per sections 437(5) and 439(2) to direct person already releas....
(1) Mere violation of condition alone is not sufficient to cancel bail granted by court.(2) Stipulations contained in Section 437(5) and 439(2) of Cr.P.C. cannot be treated as a substitute for preven....
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.
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....
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.
The court ruled that mere registration of a subsequent offence does not justify automatic bail cancellation; a thorough inquiry into supervening circumstances is necessary.
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