MARAKKAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Can the Court of Session, in the exercise of the power under Sec. 439 (2) of Cr.P.C., cancel the bail granted by the High Court to an accused consequent on his violating the bail conditions?

(2.) These two important legal questions arise for consideration in the above criminal appeals.

(3.) The appellants are the accused Nos. 2 to 7, 9 to 12, 15 and 16 in SC No. 265/2018 on the file of the Special Court For SC/ST (POA) Act, Mannarkkad (for short "the Court below"). They along with the accused Nos. 1, 8, 13 and 14 face trial for the offences punishable under Ss. 143, 147, 148, 323, 324, 326, 294(b), 342, 352, 364, 367, 368 and 302 r/w 149 of the Indian Penal Code (for short "IPC") and Ss. 3(1) (d), (r) (s) and 3(2) (v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act), 1989 (for short "SC/ST(PoA) Act").