IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 Crl.MC.No. 4955 of 2010() ------------------------- (CRIME NO.2755 OF 2010 OF ALUVA EAST POLICE STATION) PETITIONER: DEFACTO COMPLAINANT ---------------------------------- UMARUL FAROOK, AGED 34 YEARS, S/O. ABDUL AZEEZ, MANAPPURATHU PARAMBIL, ALUVA WEST VILLGE, ERNAKULAM DISTRICT. BY ADV. SRI.K.ABDUL JAWAD SMT.S.GIFFARA RESPONDENTS: STATE & ACCUSED ------------------------------ 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSEPCTOR OF POLICE, ALUVA, EAST POLICE STATION, ERNAKULAM DISTRICT-683101. 3. ABDUL MAJEED V.V.AGED 45 YEARS, S/O.VEERAVU, VAZHAKKALAPARAMBIL VEEDU, EAT VELIYATHUNADUKARA, ALUVA WEST VILLAGE, ERNAKULAM DISTRICT PIN-683102. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK SRI.K.A.JALEEL FOR R3 SRI.C.Y.VINOD KUMAR FOR R3 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------------ Crl.M.C.No.4955 of 2010 --------------------------------------------- Dated this the 2nd day of February, 2011 ORDER The petitioner, who is the de facto complainant in Crime No.2755 of 2010 of Aluva East Police Station, seeks to cancel the bail granted to the first accused pursuant to the directions in the order dated 02/11/2010 passed by this Court in B.A.No.6906 of 2010 which was an application for anticipatory bail. 2. Admittedly, the first accused has been granted bail by the Judicial Magistrate of the First Class-I, Aluva. The bond was also executed before that court which released the first accused on bail after arriving at the requisite satisfaction. In case the first accused violated any of the bail conditions it is for that court to initiate action including one for cancellation of the bail under Section 437 (5) Cr.P.C. Hence the remedy of the petitioner lies before the Magistrate. If the petitioner has a grievance that proper investigation has not been conducted by the police that also is a matter which the petitioner can ventilate before the Magistrate. Hence without prejudice to the remedy of the petitioner is to move that court, this Crl.M.C.No.4955/2010 : 2 : Criminal M.C. is dismissed. The petitioner is at liberty to seek appropriate remedy other than moving the Magistrate for proper investigation if he is so advised. V.RAMKUMAR, JUDGE skj