Bail attendance conditions may be modified to require appearance before investigators only when necessary.

The petitioner, Accused No. 15, was initially charged in a case investigated by the K-1 Sembiyum Police and committed to the Sessions Court.

On a brother of the deceased seeking transfer of the investigation, the High Court quashed the charge sheet and directed transfer of the file to the CBI.

The State’s SLP against that order was later withdrawn, following which the CBI registered R.C. No. 9/S/2026 and resumed investigation.

While the SLP was pending, the petitioner was granted bail subject to an appearance condition, later relaxed to weekly appearances before the Sessions Court.

After the SLP’s withdrawal, the Sessions Court transferred the file to the Additional Chief Metropolitan Magistrate (ACMM), which directed the petitioner to appear weekly.

The petitioner, who was receiving treatment for a serious illness, missed an appearance and applied under Section 355(1) BNSS; the ACMM did not accept her application.

The CBI confirmed that she was under treatment and had cooperated with the investigation.

Whether the petitioner’s weekly appearance before the ACMM remained necessary after withdrawal of the SLP and the consequent nullification of the charge sheet, cognizance and committal.

Whether the bail condition should be modified in light of the petitioner’s serious illness and her cooperation with the CBI investigation.

Section 355(1) BNSS was the provision under which the petitioner sought relief concerning her court appearance; Section 528 BNSS was the source of the High Court’s inherent power to modify the condition imposed on her.

The Court treated the withdrawal of the SLP as restoring the effect of its earlier order quashing the charge sheet and transferring the investigation, so that the case had returned to the investigation stage and the prior cognizance and committal stood nullified.

The Court reasoned that the petitioner’s obligation to appear weekly before the Sessions Court arose from a bail condition imposed while the SLP was pending.

Once the SLP was withdrawn, the charge sheet, cognizance and committal stood nullified, and the matter reverted to investigation; the Court therefore considered continued weekly court appearances unnecessary.

The CBI’s confirmation of the petitioner’s serious illness and cooperation supported modifying the condition rather than requiring regular court attendance.

She was no longer required to appear weekly before the court and was instead directed to appear before the investigating agency as and when required.