Get bail of Accused Cancelled if Conditions violated, orders Tamil Nadu Police Chief

Tamil Nadu’s Director General of Police, Shankar Jiwal has directed police officials across the state to monitor the bail condition of accused persons and to get their bail cancelled if they were seen violating mandatory conditions they had agreed to comply with for the grant of relief.

The action came following a letter from State Public Prosecutor Hassan Mohamed Jinnah asking the state police chief to ensure that the bail granted to accused persons is cancelled if they indulge in other offences, tamper with evidence, or threaten witnesses.

In a circular, the DGP noted that as per Section 437(3) of the Code of Criminal Procedure (CrPC), courts grant bail to accused persons, booked for offences punishable with prison terms of seven years or more, with certain mandatory conditions.

As per these mandatory conditions, the accused persons should not be involved in similar offences, not induce or threaten any person connected with the case, or tamper with evidence. The legal provision also makes it clear that the courts can impose any other condition as they deem necessary.

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The Supreme Court in P.K. Shaji versus the State of Kerala had made it clear that even Judicial Magistrates could cancel the bail granted by the high courts and sessions court if the accused were not complying with the mandatory bail conditions.

The DGP instructed all investigating officers to keep a watch on accused persons who are out on bail and get it cancelled if they had violated any conditions

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