The accused's indefeasible right to default bail under Section 167(2) of the Criminal Procedure Code and the importance of considering supervening circumstances justifying the cancellation of bail.

JUDGMENT

(Prayer: Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C., to call for the records in Crl.M.P.No.4666 of 2022 on the file of the learned XVII Metropolitan Magistrate, Saidapet at Chennai and examine the same and to set aside the order cancelling the bail granted to the revision petitioner in Crl.M.P.No.5470 of 2021 vide order, dated 25.06.2021.)

This Revision is filed aggrieved by the order of the learned XVII Metropolitan Magistrate, Saidapet, Chennai, dated 30.06.2022 in Crl.M.P.No.4666 of 2022 in Crl.M.P.No.5470 of 2021 in P.R.C.No.11 of 2022, in and by which, the petition, filed by the respondent prosecution for cancellation of bail, was allowed.    2. By an order, dated 25.06.2021, the petitioner was enlarged on statutory bail by order in Crl.M.P.No.5470 of 2021 and while so releasing him on bail, a condition was imposed that he should report before the Investigating Officer twice a day at 10.00 A.M and 5.00 P.M. The petitioner/accused did not comply with the said order and ultimately, he was arrested in a connected Crime No.45 of 2022 on 29.03.2022. Thereafter, the present application was filed.

3. Heard Mr.G.Prabhakaran, the learned Counsel for the petitioner and Mr.S.Vinoth Kumar, the learned Government Advocate (Crl. Side) on behalf of the prosecution.

4. The learned Counsel for the petitioner submitted that factually, the condition could not be complied with by the petitioner because of the fact that there was life threat even for the petitioner and his mother. He would draw the attention of this Court to the order passed by this Court in Crl.O.P.No.9448 of 2021, whereunder, this Court, while extending the time for complying with the conditions by two weeks, directed the concerned Police officer to look into the matter and provide sufficient Police protection, if necessary. Therefore, it can be seen that upon being satisfied with the prima facie materials, this Court granted such a relief even to the mother of the petitioner.

5. The learned Counsel for the petitioner, taking this Court to the connected case in which the petitioner was arrested, would submit that the said case as well as many of the connected cases are as if the petitioner/accused is indulging in extortion from shop keepers etc., and such cases are foisted against the petitioner. He would rely upon the newspaper reports which reported as if the petitioner was arrested in Tiruppur, while actually, the arrest was shown by the respondent Police as if he was arrested in Chennai. This very fact by itself would prove that fearing attack on his life, the petitioner was living in exile and went underground to save himself. Therefore, only under these extraordinary circumstances, the petitioner could not comply with the condition. However, the non-compliance of the condition by the petitioner has not resulted in any stagnation or warrant being issued in any pending case. Even in the present case, the investigation is completed and the chargesheet is filed and the matter is pending in P.R.C.No.11 of 2022. The case was neither adjourned for any N.B.W nor any undue advantage was taken by the petitioner. Under these circumstances, the learned Counsel for the petitioner would rely upon the judgment of the ‘Supreme Court of India in Dolat Ram Vs. State of Haryana (1995) 1 SCC 349) and it is useful to quote the paragraph No.4 which reads as hereunder:-

“4. Rejection of bail in a non-bailable case at the initial stage and the cancellation of bail so granted, have to be considered and dealt with on different basis. Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of the bail, already granted. Generally speaking, the grounds for cancellation of bail, broadly (illustrative and not exhaustive) are: interference or attempt to interfere with the due course of administration of justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused