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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
MARAKKAR – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. jurisdiction related to bail cancellation. (Para 1 , 2) |
| 2. allegations and contextual background of the case. (Para 3 , 4 , 5) |
| 3. arguments regarding jurisdiction of bail conditions. (Para 6 , 8 , 21) |
| 4. court's observations on the procedural aspects of bail. (Para 7 , 10 , 11 , 12) |
| 5. clarification of power between session court and special court. (Para 13 , 14 , 15 , 17) |
| 6. cancellation of bail grounded on witness tampering. (Para 18 , 20 , 22 , 23 , 24) |
| 7. final orders regarding the appeals and bail status. (Para 25 , 26) |
“C.R.”
JUDGMENT
Dated this the 19th day of September, 2022 Can the Court of Session, in the exercise of the power under Section 439 (2) of Cr.P.C, cancel the bail granted by the High Court to an accused consequent on his violating the bail conditions?
Is the Special Court or the Exclusive Special Court specified or constituted under Section 14 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act), 1989 empowered to cancel the bail granted by the High Court in the exercise of its appellate jurisdiction under Section 14 A on the ground of violation of bail conditions invoking Section 439 (2) of Cr.P.C? 2. These two important lega
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