Harsha (engineer) 07 December 2023

Cancellation of anticipatory bail

Hello Learned Advocates,

Need your expert advice

We have our ancestral farm land in my native belonging to my mother who is only kid to her parents. My maternal grandfather brother without my mothers concern nor getting the encumberance removed he claim that he has purchased one acre of land from my grand father. We have contested the sale deed and we have obtained stay order from High Court from creating third party interest in the property.

After my grandparents death, we have buried in our farm land. My grandfather brother without actual survey tresspassed the one plus acre of land and destroyed my grand parents grave. I filed a private criminal report case u/s IPC 295, 295 A and 297 in the local court and FIR has been recorded in the case.
Meanwhile grandfather brother has availed anticipatory bail. Now he along with this henchmen and family members is entering into the land and trying to destroy the evidence for the case. Last week I complained to the local PS and they affirmed they will not do it, however they are doing it now.

I am planning to get his anticipatory bail cancelled and get not to intervene until the case is decided. Kindly guide me how to achieve this.

Regards
Harsha

Reply Follow

4 Replies

Snehasish Ghosh 07 December 2023

File a criminal revision application in the high court of your jurisdiction for cancellation of anti bail

Sanskriti Tiwari 07 December 2023

Given the complex legal situation you're dealing with, here's a condensed guideline:

1. To cancel his anticipatory bail, gather evidence of his continuous interference and violation of the stay order and submit it to the court. Section 437(5) of the Criminal Procedure Code allows bail to be canceled if the accused misuses the bail conditions or interferes with the investigation. Show his ongoing interference and how it hampers justice.

2. Request the court for an order protecting the evidence until the case concludes. This ensures preservation of crucial evidence related to the trespassing and destruction of your grandparents' grave, aiding your case under IPC sections 295, 295A, and 297.

3. Engage a lawyer well-versed in property and criminal laws. Emphasize the urgency and severity of the situation, backed by instances where the local police failed to act despite your complaints.

4. Refer case laws such as State of Madhya Pradesh v. Shyamsunder Trivedi (1995) where the Supreme Court stated that anticipatory bail can be canceled if the accused violates bail conditions or hampers the investigation.

Present these points systematically to the court, backed with evidence, legal provisions, and precedents, urging swift action to protect your land, evidence, and ensure justice is served.

T. Kalaiselvan, Advocate (Advocate) 08 December 2023

On the basis of the destruction of the evidences by the accused, you can very well file a petition before the concerned court to cancel the bail granted to him for his acts of violation of the bail conditions.