Whether bail granted to accused can be automatically cancelled if he fails to remain present in police station as per bail condition?
Further, there is no automatic cancellation of bail. Granting bail
is different from cancelling the bail. Because both are based on different
grounds. Even if an accused, who has been directed to appear before the
police station or Court, as part of bail condition by the fact that he has
absented, he cannot be fault with. Because there may be so many reasons for
the accused that there might have some melancholy in his family or he might
have fell sick or he might have been arrested in some other case or even due
to poverty he has no money in his hand that has prevented him to go to the
police station or even the defacto complainant or his opponent preventing him
from obeying the bail condition by engaging some hooligans so that the bail
conditions may not be observed and a bail can be cancelled.
6. Therefore, some opportunity should have been given before cancelling
the bail order. Cancellation of bail order is a serious one. It is in the
nature of withdrawing the liberty already given to a person. Principles of
natural justice is very important. It is not found in any statute, but it is
found in the heart of every humanbeing. Judges are not exception to this.
In this respect the learned Principal Sessions Judge, Madurai seems to have
passed order mechanically. He acted as motionless machine. No highly
developed computer can replace a judge. Because the inanimate computer has
no feeling or sense.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.06.2016
CORAM
THE HONOURABLE DR.JUSTICE P.DEVADASS
C.R.L.RC(MD) Nos.253 of 2016 & 254 of 2016
and
CRL MP(MD)No.3337 & 3338 of 2016
1. Uma Maheshwari ... Petitioner in Crl.RC.253/2016
2. R.Hariharan ... Petitioner in Crl.RC.254/2016
-vs-
The State Rep.by
The Inspector of Police,
District Crime Branch,
Madurai
https://www.lawweb.in/2016/07/whether-bail-granted-to-accused-can-be.html
