Bail granted to an accused cannot be cancelled without issuing prior notice - Kerala HC

Case: Muhammed Yasin v The Station House Officer & Anr.

Justice Kauser Edappagath of the Kerala High Court recently ruled that bail granted to an accused cannot be canceled on account of violation of bail conditions, without issuing prior notice and giving an opportunity to be heard.

According to the Court, the right to cancel bail is directly related to personal liberty, one of the cherished constitutional freedoms guaranteed under Article 21.

Therefore, the Court observed that bail could not be revoked mechanically without considering the post-bail conduct of the accused and whether any supervening circumstances have been cited. Further, giving notice before the cancellation of bail is a fundamental principle of natural justice.

The Court was hearing a petition against an order passed by a special fast-track court canceling the bail granted to an accused person without hearing him.

In June, the petitioner was arrested and granted bail in July by the special court. The court also imposed certain bail conditions.

Consequently, the prosecution sought to cancel his bail claiming that he had violated the conditions not to communicate or see the victim-child and not to enter the locality.

The Petitioner was alleged under the offenses punishable under Sections 354A(I)(i) (sexual harassment) of the Indian Penal Code and Sections 9 and 10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The special court, without issuing notice to the petitioner, allowed the application's cancellation and issued a non-bailable warrant.

Thus, the present petition before the High Court.

Justice Edappagath set aside the order of the special court and it was directed to reconsider the application for cancellation of bail after giving adequate opportunity to the petitioner.