IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4126 of 2010()
1. ABHILASH, AGED 28, S/O.THANKAPPAN,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY ITS
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :11/11/2010
O R D E R
M.SASIDHARAN NAMBIAR, J.
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Crl.M.C No.4126 OF 2010
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Dated this the 11th day of November, 2010.
O R D E R
By Annexure-III order Sessions Judge, Thodupuzha, cancelled
bail granted to the petitioner, the second accused. Petition is filed
under Section 482 of code of Criminal Procedure to quash
Annexure-III order.
2. Annexure-III order reads:-
“The 2nd accused has violated the bail condition. Notice was
issued to the 2nd accused to show cause as to why bail shall not be
cancelled. Notice was accepted by the petitioner. His lawyer filed
application to excuse his absence. Application is rejected. Bail
granted in cancelled. Issue non bailable warrant against the
accused, and produce him before Judicial First Class Magistrate,
Kattappana, to be dealt with him according to law.”
The order does not show what was the reason for cancellation of
the bail. The first part of the order though shows that second
accused violated the bail conditions it is not shown which condition
was violated and how it was violated. The order shows that bail
was cancelled as petitioner did not appear and on his behalf
counsel appeared and file an application it was dismissed. It is
settled law that very cogent and overwhelming circumstances are
necessary to cancel bail granted to an accused. Courts should be
careful and cautious in exercising the power under Section 439(2)
of Code of Criminal Procedure. But an order does not show the
reason for cancellation of the bail. In such circumstances,
Crl.M.C No.4126 OF 2010 2
Annexure-III order can only be quashed.
Petition is allowed. Annexure-III order in C.M.P.No.1697 of
2009 is quashed. Crl.M.P.No.1697 of 2009 is remitted to the
Sessions Court for fresh disposal in accordance with law after
hearing the petitioner.
M.SASIDHARAN NAMBIAR, JUDGE.
mns
