Yoonuse (a) 11 February 2012

498a anticipatory bail cancellation matter

Dear Experts,

A1 - A3 are granted Anticipatory Bail on Sep-2010 for 498a from Kerala High Court. Bail executed..

Bail conditions:

a) The third petitioner/third accused shall appear before the investigating officer for interrogation as and when required;

b) The third petitioner/third accused shall not try to influence the prosecution witnesses or tamper with the evidence;

c) The third petitioner/third accused shall not commit any offence or indulge in any prejudicial activity while on bail;

d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

IO are aware of case... It was a fradulent marriage done by girls team...

Investigation closed on Nov-2010..Charge sheet submitted...

A1-A3 not done any offence...

After 1.5 years the girls team went for Bail cancellation on Jan2012...

We received a summon to attend A1 or A1's Advocate only on Feb2012 at CJM.

After closing the investigation A1 went to Abroad for job...

Currently A1 is at abroad .. No condition in bail for foreign travel.

The Question is :

1. How a bail granted at High Court can be challenged at Cheif Judicial Magistrate.

2.How the person can report to CJM to cancel the bail...

3.How the CJM can summons us about the High Court issued bail which was executed on same court.

4. What step has to be taken form A1 side to dismiss this petition.

Your kind feedback is expected

Thanks in Advance

Reply Follow

5 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 11 February 2012

Thank in advance contact your local advocate.

Yoonuse (a) 11 February 2012

Thanx JSDN..

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 11 February 2012

Dear Younous,

It's a general principle of law, and in view of propriety of hierarchy of courts that a lower court cannot cancel a bail granted by the High Court.

Feel free to seek any clarifications.

Best of Luck !

Bharat

Advocate (Delhi)

Convenor : Lawyers for Social Justice

Tel : 9810553252 (only 6 to 9 PM)

Sanjeev (Lawyer) 12 February 2012

The bail granted by one court can be cancelled by the same court but here you are not on actual bail but anticipatory bail.

You need to check the application contents that they have filed that would give you the reasons for which they have asked for cancellation. The non appearence of A1 is a negative for you the police might give a statement that A1 not co=operating in the investigations which might prove detrimental.