Bail conditions
Ankit
(Querist) 28 June 2023
This query is : Resolved
In my Bail order, conditions were imposed on me such as:
1. Furnish the current residential address to IO.
2. Do not leave the state without prior permission of court.
I have given affidavit stating my residential address and when police approached the same I was not available as I have gone outside but the landlord confirmed that he is residing here.
Now police is threatening me to apply for cancellation of Bail. Can police really do the same and what can I do. Please guide.
K Rajasekharan
(Expert) 28 June 2023
Bail will be cancelled by the court only when there is patent violation of any bail condition.
Advocate Bhartesh goyal
(Expert) 28 June 2023
Reason stated here is not made out any violation of bail conditions and bail can't be cancelled on such ground.
Dr. J C Vashista
(Expert) 28 June 2023
Grant of bail is easy but cancellation is very cumbersome and difficult till the time there is some threat of fleeing from law / state / country or non-cooperating prosecution as directed by court.
ashok kumar singh
(Expert) 28 June 2023
Truly I am in agreement with the opinion of the experts, the bail can cancel in a very specific circumstances more particularly in terms of violation of the condition given in the Bail Order if apparent and or placed by the Prosecution or by the Defacto Complainant or any other Person, so far.
Thanks
Ashok Kumar Singh
Advocate
T. Kalaiselvan, Advocate
(Expert) 29 June 2023
The bail cannot be cancelled for this reason, however it becomes your duty to comply with the bail conditions, if you were summoned to police station for investigation you should very well attend the police stations setting aside all your personal works, if you refuse or neglect then that can be conspired as non compliance of the bail condition, where the police will send a report to the court about this and can seek cancellation of bail.
Ankit
(Querist) 29 June 2023
But in my bail conditions it is no where mentioned that I have to attend police station as and when summoned by the police
T. Kalaiselvan, Advocate
(Expert) 29 June 2023
The conditions for grant of bail would be implied that you have to cooperate with the police for investigation, you cannot argue on this matter, if you refuse to cooperate with the police then the bail would be cancelled on recommendation by police to do so.
K Rajasekharan
(Expert) 30 June 2023
If a person on bail does not attend to the police investigation process, it is the bounden duty of the court to cancel the bail and ensure his presence before the police for investigation, except when he has some unavoidable exigency.
An accused cannot say that I am not ready to attend police officer, a public servant doing an onerous duty in crime investigation which has no less sanctity than the duty of the court in such matters, and escape from the clutches of law on technical reasons.
Ankit
(Querist) 02 July 2023
In my case chargesheet have been filed against me. Do I still need to visit police station?
K Rajasekharan
(Expert) 02 July 2023
The investigation officer alone can decide whether an accused need to be summoned to the police station.
This is because further investigation is a prerogative of the investigation wing, but not of the court, in left over matters connected to the offence in which they can submit police reports, even after filing the so called final police report, covering those left over matters.
T. Kalaiselvan, Advocate
(Expert) 17 August 2023
If the charge sheet has been filed before court, then you may await the summons from trial court after which you may have to appear before the trial court for further proceedings.
