KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court
1 year, 8 months ago

KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court

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The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the bail conditions already imposed on the detenu.The Division Bench comprising Justice P.B. The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the bail conditions already imposed on the detenu. Sudha observed, "It is trite that when an accused in a criminal case, who is enlarged on bail with conditions is sought to be detained in preventive detention, it is incumbent on the part of the detaining authority to consider whether the bail conditions are sufficient to prevent the detenu from continuing to indulge in anti-social activities and despite the conditions, if the detaining authority still considers that the detenu is required to be detained, the detaining authority is at liberty to pass an order of detention. The Court noted that although the detaining authority had taken note of the fact that the detenu has been enlarged on bail in the last crime in the impugned order, the detention order proceeded on the premise that the detenu is a person who cannot be prevented from indulging in anti-social activities, by means of bail conditions.

History of this topic

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