IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Crl.MC.No. 2890 of 2009() ------------------------- CMP.3706/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDURG .................... PETITIONER(S): 2ND ACCUSED: ------------------------------------------------ NABEEL @ ABID NABEEL, S/O. MOIDU @ AJMEER MOIDU, AGED 23 , RESIDING AT MABROOQ HOUSE, NEAR IQBAL GARE, AJANUR VILLAGE, HOSDURG. BY ADVS. MR.K.T.SHYAMKUMAR, MR.JAI GEORGE. RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, ADVOCATE GENERAL'S OFFICE HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2890 OF 2009 ------------------------------------------ Dated 17th September 2009 O R D E R Learned counsel appearing for petitioner submitted that petitioner was not furnished with a copy of the report filed by the Magistrate and petitioner may be granted time to file a detailed objection. This petition is filed challenging Annexure-A6 order passed by the Magistrate. Annexure-A6 order shows that based on the report filed by the investigating officer pointing out the violation of condition of bail, learned Magistrate reported the matter to this court and this court directed the Magistrate to pass orders in accordance with law and thereafter notice was issued to the petitioner and petitioner was granted opportunity and only thereafter Annexure-A6 order was passed. Annexure-A6 order itself shows that petitioner submitted before the learned Magistrate that he was remanded in Crime Nos.378/2009, 379/2009 and 380/2009 of Hosdurg police station. Therefore, it is absolutely CRMC 2890/09 2 clear that after petitioner was released on bail in this case, he was involved in three other cases registered for the offences under various offences. Learned counsel appearing for the petitioner submitted that he was falsely implicated on those cases. It is clear that petitioner has violated the conditions in the order granting bail. In such circumstances, invoking the power under Sub Section 2 of Section 439 Code of Criminal Procedure, the bail granted to the petitioner in crime No.115/2009 of Hosdurg police station is cancelled. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR, JUDGE. uj. CRMC 2890/09 3 This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A6 order whereunder learned Magistrate cancelled the bail granted to the petitioner by this court under Annexure-A1 order dated 8/4/2009. Learned Magistrate passed the said order in view of the order passed by this court dated 7/7/2009, on a report filed by the Magistrate to the effect that the report submitted by the investigating officer reveals that in violation of the conditions of the bail, petitioner committed another offence involved in crime No.380/2009 of Hosdurg police station. As per order dated 7/7/2009 this court directed the Magistrate to pass appropriate order on the report in accordance with law. Learned Magistrate assumed that said order empowers him to pass order cancelling the bail and therefore, passed Annexure-A6 order. Case of the petitioner is that learned Magistrate is not competent to cancel the bail under Section 439 of Code of Criminal Procedure. As bail was granted by this court, learned Magistrate is not competent to cancel the bail. In such circumstances, in view of the original report filed by the learned Magistrate dated 22/6/2009, it is necessary for this court to invoke the power under Sub Section 2 of Section 439 of Code of Criminal Procedure. Petitioner is directed to show cause why an order under Sub Section 2 of Section 439 of Code of Criminal Procedure shall not be passed. Post on 17/9/2009.