The Kerala High Court on Monday said that no person should stand unheard and no decision should be taken without hearing both the parties. The court throws light upon the fact that bail granted to an accused should not be canceled only on the account of violation of bail conditions. It is the duty of the court to hear the accused and give him an opportunity to keep his points in front of the court. Justice Kauser Edappagath held that orders canceling bail that are issued without hearing the accused will not stand legal. When the cancellation of the bail is sought on any of the grounds which the court deems fit, the court should issue a notice to the accused explaining to him the reason as to why the bail granted to him should not be canceled. He should be given a fair chance to put his contentions forward. The bail that is once granted to the accused person should not be canceled merely on mechanical terms but the court should also keep the accused person’s post-bail conduct into consideration. The principles of natural justice come up with the idea of serving a notice to the affected party in order to present the cause against the proposed actions.
Source: https://www.barandbench.com/news/court-cannot-cancel-bail-violation-conditions-issuing-notice-hearing-accused-kerala-high-court
