Bail – Cancellation – Rights of Complainant/De Facto Complainant – Violation of Bail Conditions.
2025 KER 46764 : 2025 KLT OnLine 2240
High Court of Kerala
A. Badharudeen, J.
W.P.(C) No. 43475 of 2024, June 26, 2025
Held:
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A complainant or de facto complainant cannot compel an Investigating Officer to file an application for cancellation of bail when bail conditions are allegedly violated. The decision to pursue cancellation lies within the discretion of the Investigating Officer, who may assess whether the alleged violation warrants such action.
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A complainant or de facto complainant has the right to independently approach the court to seek cancellation of bail by highlighting violations of bail conditions by the accused.
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Courts possess the authority to cancel bail in appropriate cases where bail conditions are violated, either suo motu or upon applications from the Investigating Officer or the complainant/de facto complainant, provided the accused is given an opportunity to explain their stance.
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In the present case, the petitioner alleged that the 6th respondent violated bail conditions, but the Investigating Officer did not act on the petitioner’s request for cancellation. The court disposed of the petition by granting the petitioner liberty to file an appropriate application before the court for cancellation of bail, to be considered on merits as per law.
Keywords: Bail Cancellation, Complainant’s Rights, Violation of Bail Conditions, Investigating Officer’s Discretion, High Court of Kerala
For Petitioner : Adv. S. Jayakrishnan
For Respondents : Advs. Rajesh A. (Spl. Government Pleader), Rekha S. (Sr. Government Pleader), S. Subhash Chand, Chinju P. Joyies, Lindons C. Davis, E.U. Dhanya & N.S. Shamila
K/640/1998 |
K/427/1993 |
K/241/1987 |
K/894/2016 |
K/1115/2009 |
K/672/2006 |
K/222/2016 |
