Kerala High Court
Gangadharan vs State Of Kerala on 16 January, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:3415
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF JANUARY 2025/26TH POUSHA, 1946
BAIL APPL. NO. 10291 OF 2024
CRIME NO.169/2024 OF PAVARATTY POLICE STATION, THRISSUR
PETITIONER:
GANGADHARAN,
AGED 72 YEARS
S/O C.K.KRISHNAN, CHETHIKATTIL HOUSE, GANGOTHRI,
KANNANKULANGARA, KOORKKANCHERY POST, PIN - 680007
BY ADVS.
C.A.ANOOP
R.KRISHNA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER,
PAVARATTY POLICE STATION,MULLASSERY, THRISSUR,
PIN - 680 509.
BY ADV.
HRITHWIK.C.S, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.01.2025, ALONG WITH Bail Appl..10313/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3415
B.A No.10291 of 2024 and Conn.Case
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
BAIL APPL. NO. 10294 OF 2024
CRIME NO.173/2024 OF PAVARATTY POLICE STATION, THRISSUR
PETITIONER:
GANGADHARAN,
AGED 72 YEARS
S/O C.K.KRISHNAN, CHETHIKATTIL HOUSE, GANGOTHRI,
KANNANKULANGARA, KOORKKANCHERY, POST, PIN - 680 007.
BY ADVS.
C.A.ANOOP
R.KRISHNA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER,
PAVARATTY POLICE STATION, MULLASSERY, THRISSUR,
PIN - 680 509.
BY ADV
G.SUDHEER, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.01.2025, ALONG WITH Bail Appl..10313/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3415
B.A No.10291 of 2024 and Conn.Case
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
BAIL APPL. NO. 10298 OF 2024
CRIME NO.174/2024 OF PAVARATTY POLICE STATION, THRISSUR
PETITIONER:
GANGADHARAN,
AGED 72 YEARS
S/O C.K.KRISHNAN, CHETHIKATTIL HOUSE, GANGOTHRI,
KANNANKULANGARA, KOORKKANCHERY, POST, PIN - 680 007.
BY ADVS.
C.A.ANOOP
R.KRISHNA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER,
PAVARATTY POLICE STATION,MULLASSERY, THRISSUR,
PIN - 680 509.
BY ADV
NOUSHAD K.A., SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.01.2025, ALONG WITH Bail Appl..10313/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3415
B.A No.10291 of 2024 and Conn.Case
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
BAIL APPL. NO. 10300 OF 2024
CRIME NO.179/2024 OF PAVARATTY POLICE STATION, THRISSUR
PETITIONER:
GANGADHARAN,
AGED 72 YEARS
S/O C.K.KRISHNAN, CHETHIKATTIL HOUSE, GANGOTHRI,
KANNANKULANGARA, KOORKKANCHERY, POST, PIN - 680 007.
BY ADV
C.A.ANOOP
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER,
PAVARATTY POLICE STATION, MULLASSERY, THRISSUR,
PIN - 680 509.
BY ADV.
NOUSHAD K.A., SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.01.2025, ALONG WITH Bail Appl..10313/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3415
B.A No.10291 of 2024 and Conn.Case
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
BAIL APPL. NO. 10310 OF 2024
CRIME NO.189/2024 OF PAVARATTY POLICE STATION, THRISSUR
PETITIONER:
GANGADHARAN,
AGED 72 YEARS
S/O C.K.KRISHNAN, CHETHIKATTIL HOUSE, GANGOTHRI,
KANNANKULANGARA, KOORKKANCHERY POST, PIN - 680 007.
BY ADV
C.A.ANOOP
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER,
PAVARATTY POLICE STATION, MULLASSERY, THRISSUR,
PIN - 680 509.
BY ADV
NOUSHAD.K.A, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.01.2025, ALONG WITH Bail Appl..10313/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3415
B.A No.10291 of 2024 and Conn.Case
:6:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
BAIL APPL. NO. 10313 OF 2024
CRIME NO.197/2024 OF PAVARATTY POLICE STATION, THRISSUR
PETITIONER:
GANGADHARAN,
AGED 72 YEARS
S/O C.K.KRISHNAN, CHETHIKATTIL HOUSE, GANGOTHRI,
KANNANKULANGARA, KOORKKANCHERY, POST,
PIN - 680 007.
BY ADV
C.A.ANOOP
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682 031
2 STATION HOUSE OFFICER,
PAVARATTY POLICE STATION, MULLASSERY, THRISSUR,
PIN - 680 509.
BY ADV
HRITHWIK.C.S, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.01.2025, ALONG WITH Bail Appl..10291/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3415
B.A No.10291 of 2024 and Conn.Case
:7:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
BAIL APPL. NO. 10317 OF 2024
CRIME NO.172/2024 OF PAVARATTY POLICE STATION, THRISSUR
PETITIONER:
GANGADHARAN,
AGED 72 YEARS
S/O C.K.KRISHNAN, CHETHIKATTIL HOUSE, GANGOTHRI,
KANNANKULANGARA, KOORKKANCHERY, PIN - 680 007.
BY ADV
C.A.ANOOP
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER,
PAVARATTY POLICE STATION, MULLASSERY, THRISSUR,
PIN - 680 509.
BY ADV.
NOUSHAD K.A., SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.01.2025, ALONG WITH Bail Appl..10313/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3415
B.A No.10291 of 2024 and Conn.Case
:8:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
BAIL APPL. NO. 10318 OF 2024
CRIME NO.198/2024 OF PAVARATTY POLICE STATION, THRISSUR
PETITIONER:
GANGADHARAN,
AGED 72 YEARS
S/O C.K.KRISHNAN, CHETHIKATTIL HOUSE, GANGOTHRI,
KANNANKULANGARA, KOORKKANCHERY, POST, PIN - 680 007.
BY ADV
C.A.ANOOP
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER,
PAVARATTY POLICE STATION, MULLASSERY, THRISSUR,
PIN - 680 509.
BY ADV
NOUSHAD K.A., SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.01.2025, ALONG WITH Bail Appl..10313/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3415
B.A No.10291 of 2024 and Conn.Case
:9:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
BAIL APPL. NO. 10320 OF 2024
CRIME NO.392/2024 OF PAVARATTY POLICE STATION, THRISSUR
PETITIONER:
GANGADHARAN,
AGED 72 YEARS
S/O C.K.KRISHNAN, CHETHIKATTIL HOUSE, GANGOTHRI,
KANNANKULANGARA, KOORKKANCHERY, PIN - 680007
BY ADV
C.A.ANOOP
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER,
PAVARATTY POLICE STATION, MULLASSERY, THRISSUR,
PIN - 680 509.
BY ADV
NOUSHAD K.A., SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.01.2025, ALONG WITH Bail Appl..10313/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3415
B.A No.10291 of 2024 and Conn.Case
:10:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
BAIL APPL. NO. 10321 OF 2024
CRIME NO.393/2024 OF PAVARATTY POLICE STATION, THRISSUR
PETITIONER:
GANGADHARAN,
AGED 72 YEARS
S/O C.K.KRISHNAN, CHETHIKATTIL HOUSE, GANGOTHRI,
KANNANKULANGARA, KOORKKANCHERY, POST, PIN - 680 007.
BY ADV
C.A.ANOOP
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER,
PAVARATTY POLICE STATION, MULLASSERY, THRISSUR,
PIN - 680 509.
BY ADV
HRITHWIK.C.S, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.01.2025, ALONG WITH Bail Appl..10313/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3415
B.A No.10291 of 2024 and Conn.Case
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
BAIL APPL. NO. 10324 OF 2024
CRIME NO.405/2024 OF PAVARATTY POLICE STATION, THRISSUR
PETITIONER:
GANGADHARAN,
AGED 72 YEARS
S/O C.K.KRISHNAN, CHETHIKATTIL HOUSE, GANGOTHRI,
KANNANKULANGARA, KOORKKANCHERY, POST, PIN - 680 007.
BY ADV
C.A.ANOOP
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER,
PAVARATTY POLICE STATION, MULLASSERY, THRISSUR,
PIN - 680 509.
BY ADV.
G.SUDHEER, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.01.2025, ALONG WITH Bail Appl..10313/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3415
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:12:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
BAIL APPL. NO. 10328 OF 2024
CRIME NO.406/2024 OF PAVARATTY POLICE STATION, THRISSUR
PETITIONER:
GANGADHARAN,
AGED 72 YEARS
S/O C.K.KRISHNAN, CHETHIKATTIL HOUSE, GANGOTHRI,
KANNANKULANGARA, KOORKKANCHERY, POST, PIN - 680 007.
BY ADV
C.A.ANOOP
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER,
PAVARATTY POLICE STATION, MULLASSERY, THRISSUR,
PIN - 680 509.
BY ADV.
NOUSHAD.K.A, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.01.2025, ALONG WITH Bail Appl..10313/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3415
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:13:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 16TH DAY OF JANUARY 2025/26TH POUSHA, 1946
BAIL APPL. NO. 10329 OF 2024
CRIME NO.407/2024 OF PAVARATTY POLICE STATION, THRISSUR
PETITIONER:
GANGADHARAN,
AGED 72 YEARS
S/O C.K.KRISHNAN, CHETHIKATTIL HOUSE, GANGOTHRI,
KANNANKULANGARA, KOORKKANCHERY, POST, PIN - 680 007.
BY ADV
C.A.ANOOP
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER,
PAVARATTY POLICE STATION, MULLASSERY, THRISSUR,
PIN - 680 509.
BY ADV.
NOUSHAD.K.A, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.01.2025, ALONG WITH Bail Appl..10313/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:3415
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P.V.KUNHIKRISHNAN, J
--------------------------------
B.A.Nos.10291, 10294, 10298, 10300, 10310, 10313,
10317, 10318, 10320, 10321, 10324, 10328 and
10329 of 2024
-------------------------------
Dated this the 16th day of January, 2025
COMMON ORDER
These Bail Applications filed under Section 482 of
Bharatiya Nagarik Suraksha Sanhita are connected, and
therefore I am disposing these cases by a common order.
2. Petitioner in these cases is one and the
same. The petitioner is the accused in different crimes
registered by Pavaratty Police Station, Thrissur District. The
above cases are registered against the petitioner alleging
offences punishable under Sections 406 and 420 read with
Section 34 of the Indian Penal Code (IPC).
3. The prosecution case is that the petitioner
committed cheating by making the defacto complainant to
believe that he will give 12% interest, if the defacto
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complainant deposits an amount in the company in which
the petitioner is the additional director. It is submitted that,
even though the defacto complainant paid the said amount
the principal or interest was not returned. Hence it is
alleged that the accused committed the above said
offences.
4. Heard the learned counsel appearing for
the petitioner and the learned Public Prosecutor.
5. The counsel appearing for the petitioner
submitted that the petitioner is also a victim of this
company. He also deposited a huge amount in the
company. He produced the fixed deposit receipts along
with this bail application. He submitted that, when the
deposited amount was asked, the petitioner was
fraudulently added as a director. It is submitted that the
allegation against the petitioner is not correct.
6. The Public Prosecutor opposed the bail
application and submitted that the petitioner is the
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accused in 15 other cases in which the allegations are
same.
7. This Court considered the contentions of
the petitioner and the Public Prosecutor. The crux of the
prosecution case is that the amount deposited offering
18% interest was not returned with interest. Whether the
same would attract the offence under Section 420 IPC is a
matter to be investigated by the Investigating Officer. I
don’t want to make any observation about the same.
Considering the facts and circumstances of the case, I think
the bail can be granted after imposing stringent conditions.
8. Moreover, it is a well accepted principle
that the bail is the rule and the jail is the exception. The
Hon’ble Supreme Court in Chidambaram. P v
Directorate of Enforcement [2019 (16) SCALE 870],
after considering all the earlier judgments, observed that,
the basic jurisprudence relating to bail remains the same
inasmuch as the grant of bail is the rule and refusal is the
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exception so as to ensure that the accused has the
opportunity of securing fair trial.
9. Recently the Apex Court in Siddharth v
State of Uttar Pradesh and Another [2021(5)KHC
353] considered the point in detail. The relevant paragraph
of the above judgment is extracted hereunder.
“12. We may note that personal liberty
is an important aspect of our
constitutional mandate. The occasion to
arrest an accused during investigation
arises when custodial investigation
becomes necessary or it is a heinous
crime or where there is a possibility of
influencing the witnesses or accused
may abscond. Merely because an arrest
can be made because it is lawful does
not mandate that arrest must be made.
A distinction must be made between
the existence of the power to arrest
and the justification for exercise of it.
(Joginder Kumar v. State of UP and
Others (1994 KHC 189: (1994) 4 SCC
260: 1994 (1) KLT 919: 1994 (2) KLJ 97:
AIR 1994 SC 1349: 1994 CriLJ 1981)) If
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arrest is made routine, it can cause
incalculable harm to the reputation and
self-esteem of a person. If the
Investigating Officer has no reason to
believe that the accused will abscond
or disobey summons and has, in fact,
throughout cooperated with the
investigation we fail to appreciate why
there should be a compulsion on the
officer to arrest the accused.”
10. In Manish Sisodia v. Central Bureau of
Investigation [2023 KHC 6961], the Apex Court
observed that even if the allegation is one of grave
economic offence, it is not a rule that bail should be denied
in every case.
Considering the dictum laid down in the above
decision and considering the facts and circumstances of
this case, this Bail Application is allowed with the following
directions:
1. The petitioner shall appear before the
Investigating Officer within two weeks
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from today and shall undergointerrogation.
2. After interrogation, if the Investigating
Officer propose to arrest the petitioner,
he shall be released on bail on executing
a bond for a sum of Rs.50,000/-(Rupees
Fifty Thousand only) with two solvent
sureties each for the like sum to the
satisfaction of the arresting officer
concerned.
3. The petitioner shall appear before the
Investigating Officer for interrogation as
and when required. The petitioner shall
co-operate with the investigation and
shall not, directly or indirectly make any
inducement, threat or promise to any
person acquainted with the facts of the
case so as to dissuade him from
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disclosing such facts to the Court or toany police officer.
4. Petitioner shall not leave India without
permission of the jurisdictional Court.
5. Petitioner shall not commit an offence
similar to the offence of which he is
accused, or suspected, of the commission
of which he is suspected.
6. Needless to mention, it would be well
within the powers of the investigating
officer to investigate the matter and, if
necessary, to effect recoveries on the
information, if any, given by the
petitioner even while the petitioner is on
bail as laid down by the Hon’ble Supreme
Court in Sushila Aggarwal v. State
(NCT of Delhi) and another [2020 (1)
KHC 663].
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7. If any of the above conditions are
violated by the petitioner, the
jurisdictional Court can cancel the bail in
accordance to law, even though the bail is
granted by this Court. The prosecution
and the victim are at liberty to approach
the jurisdictional Court to cancel the bail,
if any of the above conditions are
violated.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AMR
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