• Chambers of Daksha Kumar

The court cannot cancel bail for violation of conditions without issuing notice, hearing accused:



The Kerala High Court in the case titled Muhammed Yasin Vs. The Station House Officer & Anr. held that bail granted to an accused cannot be cancelled on account of violation of bail conditions, without issuing notice and giving the accused an opportunity to be heard.


The Kerala High Court held that orders cancelling bail that are issued without hearing the accused, cannot stand legally.


The court stated that “when the cancellation of bail is sought either on the ground of post-bail conduct of the accused like a violation of the conditions of the bail or on the ground of the occurrence of supervening circumstances, the court must issue notice to the accused to explain why the bail granted to him should not be cancelled. He should also be given a fair opportunity of hearing. The court further stated that an order cancelling the bail unilaterally without hearing the accused cannot withstand (sic) legally.


The Kerala High Court underscored that cancellation of bail is directly linked with personal liberty, one of the cherished constitutional freedoms guaranteed under Article 21 of the Constitution of India.


Therefore, the Court observed that "the bail once granted cannot be cancelled in a mechanical manner without considering the post-bail conduct of the accused and whether any supervening circumstances have been rendered”.


The Kerala High Court further added that giving notice to the affected party in order to present the cause against the proposed action, is a fundamental principle of natural justice.

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