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Judgment
K. Sreedhar Rao, J.—State Public Prosecutor takes notice to the respondent.
The petitioner is the wife of A-4 in SC No. 145/2006 on the file of the II Addl., Sessions Judge, Mangalore, who is charged for committing offence u/s 489B and 489C IPC.
A-4 was granted bail by the Sessions Court in Crl. Misc. No. 883/99. During the pendency of the investigation, the charge sheet is filed and later on the case is committed to the sessions. Counsel for A-4 unnecessarily made an application u/s 439 Cr.P.C. for grant of bail when the accused already had the benefit of bail. State Public Prosecutor opposed the grant of bail on the ground that the accused was not regular in appearing before the court on hearing dates. The trial court rejected the bail application by order dated 29-5-2008 and remanded the accused to judicial custody.
It is the contention of the petitioner that unless the bail granted earlier is cancelled u/s 439(2) Cr.P.C. the court has no jurisdiction to cancel the bail and remand the accused to the judicial custody.
It is evident that the State has not made any application for cancellation of bail. However as a matter of routine in the objections statement, the State Public Prosecutor made allegations that the accused was not prompt in appearing before the court on hearing dates. Without an application u/s 439(2) Cr.P.C., by the State and proper opportunity for the accused to meet the case, it was not proper for the Sessions Court to have cancelled the bail and remand the accused to judicial custody.
The order in question appears to be mainly because of the confusion created by the counsel for the accused who has unnecessarily filed a bail application when the accused was already on bail.
The detention of the accused under the impugned order is illegal for the reasons stated above. It is observed that the practice of insisting on bail application in respect of the accused again after committal who are already on bail is unnecessary.
The petition is allowed. A-4 (C.H. Amoo) is directed to be released forthwith.
Request for hand delivery of the order is granted.