THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL REVISION CASE NO.1020 OF 2009 ORDER: This Revision has been filed challenging the order in Criminal M.P. No.524 of 2009 in Criminal Appeal No.9/ACB-KNR/2009 dated 08-06-2009 passed by the Principal Special Judge for S.P.E. and A.C.B. cases, City Civil Court, Hyderabad. The brief facts of the case are as follows : The petitioner herein is the sole accused in Crime No.9/ACB-KNR/2009. He was granted bail in Criminal Petition No.434 of 2009 vide order with a condition to appear before the Inspector of Police, A.C.B. Karimnagar at Adilabad. The respondent i.e. the State represented by their Inspector of Police, Adilabad, Karimnagar District, filed Criminal M.P. No.524 of 2009 under Section 437 (5) Cr.P.C. praying to cancel the bail granted to the petitioner on the ground that the petitioner failed to comply with the conditions imposed by the Court in the bail order. The petitioner herein filed a counter before the lower Court contending that he has not interfered with the investigation, nor threatened the witnesses and there is no allegation of tampering the documents and that due to ill- health, he could not appear before the D.S.P. A.C.B. or before the Inspector of Police A.C.B. and that the non appearance of the petitioner was neither willful nor wanton. It is not in dispute that, the petitioner has not complied with the conditions imposed in the bail order dated 13-04-2009. The learned counsel for the petitioner submitted, since the petitioner was suffering from ill-health, he could not comply with the conditions. If that is the case, nothing prevented the petitioner from approaching the learned Principal Special Judge for S.P.E. and A.C.B. cases, City Civil Court, Hyderabad, seeking modification of the conditions imposed in the order dated 13-04-2009. The petitioner has neither sought for modification of the order nor complied with the same. However, the learned Principal Special Judge for S.P.E. and A.C.B. cases, City Civil Court, Hyderabad, has observed that though there is no direct report from the complainant but there is every possibility of the respondent to threaten the witnesses and since the petitioner has not complied with the conditions, the bail granted to him is liable to be cancelled. Holding so, he has cancelled the bail order granted to the petitioner. The learned counsel for the petitioner submitted that the observations of the lower court that ‘there is every possibility of the respondent threatening the witnesses’ is not based on record. Therefore, the said finding is perverse and in the above circumstances, the order of the lower Court is liable to be set aside. Every order must be based on evidence i.e., material on record, admittedly, there was no report by the respondent i.e. Inspector of Police A.C.B. Adilabad, Karimnagar District, that the petitioner tried to threaten the witnesses or influence the witnesses. In the absence of any such report, the assumption of the lower Court that the petitioner may threaten the witnesses appears to be not based on any material. However, admittedly, the petitioner has not complied with the conditions imposed in the bail order. Once he has not complied with the orders of the bail order, the learned Principal Special Judge for S.P.E. and A.C.B. cases, City Civil Court, Hyderabad, is justified in canceling the bail order. In the circumstances, I do not find any irregularity in canceling the bail order. However, in the circumstances, the petitioner is directed to surrender before the learned Principal Special Judge for S.P.E. and A.C.B. cases, City Civil Court, Hyderabad, within a period of one week from today and on such surrender, the learned Principal Special Judge for S.P.E. and A.C.B. cases, City Civil Court, Hyderabad, may consider his bail application on the very same day and pass appropriate orders. Subject to the above observations, the Criminal Revision Case is dismissed. ____________________ B. CHANDRA KUMAR, J Date: 29-10-2009. DSH