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2026 Supreme(Online)(Ker) 9652

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
JUMANA ASIN – Appellant
Versus
ABDUL AZEEZ – Respondent
CRL.MC NO. 21 OF 2023



Advocates:
For the Appellants/Petitioners: SHRI.SUNNY MATHEW, SMT.NIKITTA TRESSY GEORGE
For the Respondents: SRI.M.MUHAMMED SHAFI, SMT.T.RASINI, SMT.AYISHA AFRIN A.V.K., ADV.SMT.C SEENA (PP)

Subsequent to the completion of police investigation, the Court holds that bail cannot be cancelled at a belated stage once the case is proceeding to trial.

Headnote:The petitioner filed a Crl.M.C under Section 439(2) of Cr.PC for cancelling bail granted by the Sessions Judge, which was previously accepted on 18.07.2022. The Court found that due to the investigation's completion and the case's current status before the Sessions Court for trial, there was no basis for cancelling the bail. The primary issue was whether there were grounds for bail cancellation considering the police had completed their investigation. The Court reasoned that since the matter was already in trial, cancelling bail at this stage was not warranted.

Result: Accordingly, this Crl.M.C is dismissed.

Table of Content
1. absence of the petitioner's counsel during bail cancellation arguments. (Para 1 , 2)
2. completion of police investigation solidifies the trial’s progression. (Para 3)

O R D E R

(Dated this the 11th day of February, 2026)

When the matter came up for arguments, the learned counsel for the petitioner is absent and there is no representation.

2. The de facto complainant in Crime No.311 of 2022 of Kunnamangalam Police Station, filed this Crl.M.C under Section 439 (2) of Cr.PC praying for cancelling the bail granted by the Sessions Judge, Kozhikode, to the accused/respondent Nos.1 and 2. The learned Sessions Judge granted bail to the respondents 1 and 2 as early as on 18.07.2022.

3. Now the learned counsel for the respondents as well as the learned Public Prosecutor submitted that, in this case, the police had already completed the investigation and filed final report and the case is now pending before the Sessions Court for trial.

In the above circumstance, there is no scope for cancelling the bail granted to the respondents 1 and 2, at this belated stage, and accordingly, this Crl.M.C is dismissed.

Sd/-

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