16 September 2019


Judgments

High Court of Kerala

State of Kerala Vs. Prabha C. Sekhar and Ors.

MANU/KE/1593/2019

14.05.2019

Criminal

Bail once granted should not be cancelled in a mechanical manner without considering supervening circumstances

In present case, the 1st Respondent herein is a teacher. Alleging that she was involved in Crime registered under Sections 454 and 381 read with Section 34 of the Indian Penal Code, 1860 (IPC), a report was submitted before the learned Magistrate. She approached the learned Sessions Judge with a petition seeking anticipatory bail. The same was allowed by the Court below on stringent conditions by order. The instant petition is filed by the State with a prayer to quash the above order.

The judicial discretion was correctly exercised by the Court below. It was on relevant considerations that, the 1st Respondent was granted an order of pre-arrest bail by the court below. The 1st Respondent has been co-operating with the investigation from the registration of the crime in the year 2014. The prosecution has no case that the 1st Respondent herein had attempted to interfere with the investigation or thwart the course of justice.

In Dataram Singh v. State of Uttar Pradesh, Supreme Court had occasion to observe that, there is difference between yardsticks for cancellation of bail and appeal against the order granting bail. Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of bail already granted. It was held that, the grounds for cancellation of bail are interference or attempt to interfere with the due course of administration of justice, evasion or attempt to evade the due course of justice or abuse of the concessions granted to the accused in any manner. The satisfaction of the Court on the basis of the materials placed on record of the possibility of the accused absconding is another reason justifying the cancellation of bail.

Bail once granted should not be cancelled in a mechanical manner without considering whether any supervening circumstances have been available or not. The 1st Respondent, being a lady and also a teacher, was rightly extended the benefit of pre-arrest bail by the court below. This petition will stand dismissed.

Relevant

Dataram Singh v. State of Uttar Pradesh [MANU/SC/0085/2018
]

Tags : Bail Grant Legality

Share :