Bail granted upon appearance in response to summons cannot be revoked without compelling reasons, highlighting the necessity of careful judicial discretion in such decisions.

ORDER

These are petitions filed under Section 482 of the Code of Criminal Procedure by accused Nos. 6, 4, 2 and 3 respectively in C.P. No.1/2021 pending before the Judicial First Class Magistrate, Chavakkad, which was taken on file on the final report laid in crime No.21/2020 of Pavaratty police station. The facts of the case can be briefly stated thus: The alleged incident led to the registration of the crime was taken place at 7.30 p.m. and 22.30 p.m., on 18.01.2020. The place of occurrence is the wife's house of the deceased Muhamed Faizy i.e., house No. XII/50 of Venkitangu Grama panchayat. It is alleged that at 7.30 p.m., on 18.01.2020, accused Nos.1 to 4 committed trespass into the said house by breaking open the door on the southwestern side, and dragged the said Muhamed Faizy out of the house, took him to the front side and the 1st accused attacked him with a 'konna stick' and caused him serious injuries. Accused Nos. 2 to 4 also manhandled and caused him injuries. Thereafter, Muhamed Faizy went into the house and remained inside till 22.30 hours. Later, he went out of the house and at earthen road on the northern side of the house, accused Nos. 5 to 9 reached there and a scuffle followed and, in the scuffle, 6th and 9th accused sustained stab injuries; 6th accused suffered injury on his hand. Then accused Nos. 5 to 9 dragged him to the courtyard of the said house bearing No. XII/50 and accused Nos. 5, 6 and 8 beat him with dangerous weapons, konna sticks etc; accused Nos. 7 and 9 manhandled him and in the attack he sustained injuries on his head, causing clot of blood and was taken to hospital at the early hours of 19.01.2020. While undergoing treatment in the hospital, he died on

24.01.2020.

2. The crime was registered on 19.01.2020 at 13.35 hours on the strength of the First Information Statement given by Muhamed Faizy alleging offence under Sections 143, 147, 148, 452, 341, 323, 324, 326, 506 read with 149 of the Indian Penal Code. After the death of said Muhamed Faizy, offence under Section 302 of the IPC was also incorporated.

3. Accused Nos.2, 3 ,4, 6 and 9 remained at large and on conclusion of investigation, police laid the charge sheet before the Judicial First Class Magistrate, Chavakkad showing accused them absconding and 7th accused in judicial custody. On receipt of the final report the learned Magistrate took cognizance of the offence as C.P.1/2021 and summons were issued to all the accused who were on bail and also to those who were absconding. Pursuant to summons, the 6th accused, the petitioner in Crl.M.C.1661/2021 appeared before Court and he was promptly released on bail. Accused Nos. 2 to 4, who were also absconding, when applied through counsel, their absence was condoned. The 6th accused, who had appeared, remained on bail. Later, on 19.02.2021, the Investigating Officer filed Annexure-A3 petition before the learned Magistrate seeking to cancel the bail. After narrating the facts of the case, he said that it is a case where the offence is grave in nature, the accused has involved in a heinous crime that he was remaining absconding by challenging the legal system and that he may likely to influence the witnesses by inducement and threat and may abscond during trial; it was also stated that he may also repeat such crimes and granting bail to such a person will send a bad message to the public. On 25.02.2021 itself, the 6th respondent gave a reply, opposing the contentions. Thereafter, Annexure-A5 intimation was given to the learned Magistrate stating that even though charge sheet was laid on 23.10.2020, since the prosecution wants to file a supplementary final report after interrogating the 6th accused, for the purpose of facilitating his identification by material witnesses and also for collecting blood samples of the accused, further investigation is warranted and thus a report was filed under Section 173 (8) of the Cr.P.C.

4. After hearing counsel on both sides, taking into account all these facts