IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 Crl.MC.No. 4126 of 2010(E) -------------------------------------- [CRL.MP.NO.1697/2010 OF SESSIONS COURT, THODUPUZHA, CRIME NO.192/2009 OF KATTAPPANA POLICE STATION, IDUKKI DISTRICT] .................... PETITIONER/ACCUSED: ---------------------------------- ABHILASH, AGED 28, S/O.THANKAPPAN, MANJANKAL HOUSE, AMBALAKKAVALA BHAGOM, KATTAPPANA KARA, KATTAPPANA VILLAGE. BY ADVS. SRI.T.A.UNNIKRISHNAN, SRI.K.S.PRAVEEN. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I. V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4126 OF 2010 --------------------------------------------------------- Dated this the 11th day of November, 2010. O R D E R By Annexure-III order Sessions Judge, Thodupuzha, cancelled bail granted to the petitioner, the second accused. Petition is filed under Section 482 of code of Criminal Procedure to quash Annexure-III order. 2. Annexure-III order reads:- “The 2nd accused has violated the bail condition. Notice was issued to the 2nd accused to show cause as to why bail shall not be cancelled. Notice was accepted by the petitioner. His lawyer filed application to excuse his absence. Application is rejected. Bail granted in cancelled. Issue non bailable warrant against the accused, and produce him before Judicial First Class Magistrate, Kattappana, to be dealt with him according to law.” The order does not show what was the reason for cancellation of the bail. The first part of the order though shows that second accused violated the bail conditions it is not shown which condition was violated and how it was violated. The order shows that bail was cancelled as petitioner did not appear and on his behalf counsel appeared and file an application it was dismissed. It is settled law that very cogent and overwhelming circumstances are necessary to cancel bail granted to an accused. Courts should be careful and cautious in exercising the power under Section 439(2) of Code of Criminal Procedure. But an order does not show the reason for cancellation of the bail. In such circumstances, Crl.M.C No.4126 OF 2010 2 Annexure-III order can only be quashed. Petition is allowed. Annexure-III order in C.M.P.No.1697 of 2009 is quashed. Crl.M.P.No.1697 of 2009 is remitted to the Sessions Court for fresh disposal in accordance with law after hearing the petitioner. M.SASIDHARAN NAMBIAR, JUDGE. mns