MUHAMMED YASIN Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The order passed by the Fast Track Special Court, Kalpetta (for short, the court below) cancelling the bail granted to the petitioner even without hearing him is under challenge in this Crl.M.C.

(2.) The petitioner is the accused in Crime No.215/2022 of Vellamunda Police Station. The offences alleged against him are punishable under Ss. 354A(I)(i) and Ss. 9 and 10 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The petitioner was arrested on 19/6/2022 and was granted bail by the court below on imposing certain conditions as per the order dtd. 11/7/2022. Thereafter, the prosecution filed an application to cancel the bail on the ground that he has violated the conditions that he shall not see or communicate with the victim child in any manner and that he shall not enter the locality where the victim child resides. The court below even without giving notice to the petitioner or giving an opportunity to the petitioner to oppose the application, straight away allowed the application, cancelled the bail and also issued non bailable warrant.