BALAN ALIAS RAMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner, who is the 1st accused in Crime No. 138 of 2008 of Ottappalam Police Station for offences punishable under S.406, 417, 465 and 468 read with 120(b) and 34 of Indian Penal Code was granted anticipatory bail as per the order dated 07/03/08 in CMP No. 824 of 2008 by the Sessions Court, Palakkad.

(2.) Alleging that the petitioner had violated the conditions imposed by the Court in the said order, the investigating officer filed CMP No. 1188 of 2008 before the Sessions Court, Palakkad seeking cancellation of the order for anticipatory bail. As per the impugned order dated 08/05/08, the Sessions Court has cancelled the anticipatory bail granted to the petitioner. Hence this revision.

(3.) Of course a bail granted by a Court of competent jurisdiction can be cancelled if the accused, after he was enlarged on bail, has either violated the bail conditions or has abused the liberty granted to him. In this case the anticipatory bail order was cancelled by the Sessions Judge under S.439(1)(b) CrPC (Code of Criminal Procedure) for the alleged violation of the bail conditions. One important aspect which was omitted to be taken note of by the Sessions Court is that the petitioner was never arrested pursuant to the order dated 07/03/08. It is only when a person is arrested by the Police and released on bail in accordance with the terms of the anticipatory bail order, could it be said that the bail conditions became operational. When the petitioner was admittedly not arrested by the Police, it cannot be said that any of the conditions imposed by the order dated 07/03/08 came into force. At a stage when those conditions had no operation, the bail granted to the petitioner could not have been cancelled for the alleged non compliance of those conditions. A power to cancel the bail already granted could be discerned only in S.439(2) CrPC and not in S.439(1)(b) CrPC which was the provision invoked by the learned Sessions Judge. Even the said power of cancellation could be exercised only after a person has already been released on bail and not before such release. Hence the order dated 08/05/08 passed by the Sessions Court, cancelling the bail is set aside. The earlier order dated 07/03/08 granting anticipatory bail was directed to be in force only for a period of one month. The operation of the said order is extended for a period of one month from today. During which time the petitioner shall surrender before the Investigating Officer. In case the petitioner is arrested in Crime No. 138 of 2008, he shall be released on bail on the very same conditions imposed by the Sessions Court. He shall also not commit any offence while on bail. On the expiry of a period of one month from the date of release on bail, the petitioner shall seek regular bail from the Magistrate concerned.