Notice To Defacto Complainant Need Not Be Issued In Bail Applications Except In Cases Where Law Insists So: Kerala HC

The Kerala High Court has observed that it is not necessary for a court to issue a notice to the defacto complainant suo motu or direct the accused to implead the defacto complainant in a bail application except in cases in which the Criminal Procedure Code and other Acts insist so or the bail court feel that the defacto complainant is also to be heard in the facts and circumstances of that case. In this case, the accused against whom a case is registered alleging offences punishable under section 420, 406 r/w 34 IPC, had approached the High Court seeking anticipatory bail. In his bail application, he had arrayed the defacto complainant as the second respondent.