Allowed

Sarath v. State of Kerala

Kerala HC24 Nov 2022Crl.MC/3960/2022

Case brief

AI extract

What is this about?

Petitioner challenged an order cancelling his bail. The High Court set aside the impugned order as it was passed without giving the petitioner notice and an opportunity to be heard. The court directed the lower court to reconsider the bail cancellation application after hearing both sides.

What did the court decide?

Impugned order cancelling bail set aside; the complaint was remanded to the lower court for fresh proceedings after hearing both sides.

Sarath Vs State of Kerala — Bail and Remand | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 24^TH DAY OF NOVEMBER 2022 / 3RD AGRAHAYANA,

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1944

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CRL.MC NO. 3960 OF 2022

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CRIME NO.698/2021 OF Munambom Police Station, Ernakulam CRRP 30/2022 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM CC 618/2021 OF JUDL. FIRST CLASS MAGISTRATE COURT,

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NJARAKKAL

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PETITIONER/ACCUSED:

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SARATH, AGED 35 YEARS, SON OF RAVEENDRAN, VADAPPURAM HOUSE, WEST OF CONVENT, PALLIPURAM, PIN - 683514

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BY ADV M.VIVEK

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

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BY SIR. C.N. PRABHAKARAN, SR. PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION

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ON 24.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.3960/2022

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O R D E R

Dated this the 24^th day of November, 2022

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Annexure C order passed by the Judicial First Class Magistrate Court, Njarakkal (for short 'the court below'), cancelling the bail granted to the petitioner is under challenge.

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The petitioner is the accused in C.C.No.618/2021 on the file of the court below. The offences alleged are punishable under Sections 341, 323, 294(b) and 354 of IPC.

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The petitioner was granted bail by the court below on conditions among other things that he shall not commit any similar offence while on bail.

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The prosecution filed an application for cancellation of bail as CMP.No.243/2022 on the ground that the petitioner has violated one of the conditions in the bail order that 'he shall not commit any similar offence while on bail'. The court below allowed the petition and cancelled the bail of the petitioner. The said order is under challenge.

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Crl.M.C.No.3960/2022

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-:3:-

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I have heard Sri. M.Vivek, the learned counsel for the

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petitioner and Sri. C.N. Prabhakaran, the learned Senior Public Prosecutor.

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The impugned order is passed without hearing the petitioner. However, in paragraph 2 of the impugned order it is stated that notice was already served to the petitioner, but there is no appearance. The learned counsel for the petitioner submitted that the court below did not serve any notice in CMP No.243/2022 to the petitioner. On the other hand, the police gave the notice. At any rate, the impugned order was passed without hearing the petitioner.

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It is settled that the bail granted to an accused cannot be cancelled in a mechanical manner without any valid reason. Before cancelling the bail, the court must see that the accused is given proper notice and afforded sufficient opportunity of being heard (see Muhammed Yasin v. Station House Officer &

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Another [2022 LiveLaw (Ker) 566]). Hence, I am of the view that the impugned order is liable to be set aside.

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In the result, the Crl.M.C is allowed. Annexure C order is

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Crl.M.C.No.3960/2022

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set aside. The court below shall reconsider CMP.No.243/2022 on

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merits and shall pass fresh orders in it after hearing both sides.

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Sd/-

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DR. KAUSER EDAPPAGATH

JUDGE

Crl.M.C.No.3960/2022

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APPENDIX OF CRL.MC 3960/2022

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PETITIONER ANNEXURES

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Annexure-A TRUE COPY OF FIR ANDFIS DATED 30-112021 IN CRIME NO: 1029 OF 2021 OF MUNAMBOM POLICE STATION Annexure-B TRUE COPY OF FIR AND FIS DATED 30-112021 IN CRIME NO: 1028 OF 2021 OF MUNAMBOM POLICE STATION Annexure-C TRUE COPY OF THE ORDER CANCELLING BAIL DATED 05-04-2022 IN C.M.P.NO: 243 OF 2022 IN C.C. NO: 618 OF 2021 Annexure-D TRUE COPY OF THE ORDER DATED 06-06-2022 IN CRL.R.P.NO: 30 OF 2022 PASSED BY THE 1ST ADDITIONAL SESSIONS COURT, ERNAKULAM

Sarath v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sarath v. State of Kerala

Case brief

What is this about?

What did the court decide?

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