IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 Crl.MC.No. 3264 of 2009() ------------------------- CRMP.2184/2009 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD (CRIME NO.565/08 & 566/08 OF TOWN NORTH P.S., PALAKKAD .................... PETITIONER(S): 2ND ACCUSED -------------------------- PRADEEP, S/O.PRABHAKARAN, AGED 35 YEARS, RENUKA SADANAM, KAVILPAD, PALAKKAD. BY ADV. SRI.P.T.DINESH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, PALAKKAD, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3264 OF 2009 ------------------------------------------ Dated 30th October 2009 O R D E R Second accused in crime No.565/2008 and 566/2008 of Town North Police Station, Palakkad was granted bail by Chief Judicial Magistrate, Palakkad on conditions. One of the condition to appear before the investigating officer on all Saturdays were subsequently altered to the effect that he need only appear only on the first Saturday of each month. Crl.M.P.2184/2009 was subsequently filed by Sub Inspector of Police stating that petitioner violated the condition to appear before the investigating officer and therefore, the bail is to be cancelled. By Annexure-I order learned Magistrate cancelled the bail. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-I order. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Offence alleged against the petitioner is under Section 420 read with Section 34 of Indian Crmc 3264/09 2 Penal Code. Learned Public Prosecutor submitted that final report has already been submitted before the court. In such circumstances, the earlier condition in the bail directing the petitioner to appear before the investigating officer once in a month is not of relevance. 4. Question is whether Annexure-I order passed by the learned Magistrate cancelling the bail is legal. The position is settled by this court in Nassar v. State of Kerala (2009 (3) KLT 419) holding that bail can be cancelled under Section 439 either by the Sessions court or the High Court and not by the Magistrate. Chief Judicial Magistrate therefore could not have cancelled the bail. Annexure-I order can only be quashed. Petition is allowed. Annexure-I order is quashed is quashed. This order will not affect the right of the investigating officer to approach the appropriate court to cancel the bail in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.