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TMI Blog2020 (1) TMI 1549X X X X Extracts X X X X X X X X Extracts X X X X ..... at Karimnagar Rural Police Station vide FIR No. 155 dated 19.04.2019. It was alleged in the complaint that the husband of Respondent No. 2, Bojja Thirupathi was the Chairman of the Fishermen Co-operative Society of Chamanapalli village, Karimnagar District. Members of the Society alone were permitted to carry out fishing activities in the tanks in Rajasamudram and Appanapalli villages. The membership of the Appellants in the Fishermen Co-operative Society was cancelled due to which they were not permitted to carry out fishing activities. Three years before the complaint the husband of Respondent No. 2 was attacked by the Appellants at the village Panchayat office and a criminal case was registered against the Appellants, which was pending. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re informed at the bar that the case has been committed for trial. The High Court allowed the applications filed for cancellation of bail on the ground that the Principal Sessions Judge did not consider the material available on record before granting bail to the Appellants. The High Court further held that the criminal antecedents of the Appellants were not taken into account by the trial Court. That apart, the High Court accepted the submissions on behalf of Respondent No. 2 that the Appellants indulged in threatening the witnesses after being released on bail. 5. The Appellants contended that no specific overt act was attributed to any of the Accused, except for omnibus allegations made against them. It is argued that the complaint that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tens witnesses or indulges in similar activities which would hamper smooth investigation, (v) there is likelihood of his feeing to another country, (vi) attempts to make himself scarce by going underground or becoming unavailable to the investigating agency, (vii) attempts to place himself beyond the reach of his surety, etc. The above grounds are illustrative and not exhaustive. It must also be remembered that rejection of bail stands on one footing but cancellation of bail is a harsh order because it interferes with the liberty of the individual and hence it must not be lightly resorted to. 8. It is trite law that cancellation of bail can be done in cases where the order granting bail suffers from serious infirmities resulting in miscarr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct of the Appellants subsequent to their release after bail was granted. The complaint filed by one Bojja Ravinder to the Commissioner of Police, Karimnagar is placed on record by Respondent No. 2. It is stated in the complaint that the Appellants were roaming freely in the village and threatening witnesses. We have perused the complaint and found that the allegations made therein are vague. There is no mention about which Accused out of the 15 indulged in acts of holding out threats to the witnesses or made an attempt to tamper with the evidence. 11. After considering the submissions made on behalf of the parties and examining the material on record, we are of the opinion that the High Court was not right in cancelling the bail of the App ..... X X X X Extracts X X X X X X X X Extracts X X X X
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