IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 Crl.MC.No. 48 of 2011() ----------------------- CC.631/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NEDUMKANDOM .................... PETITIONERS/ACCUSED NOS. 1 TO 5 ---------------------------------- 1. AKBAR SALIM, S/O.IBRAHIM, AGED 52 YEARS, AKKATTUPARAMBIL VEEDU, ANYARTHOLU KARA, VANDANMEDU VILLAGE. 2. SULAIMAN, S/O.HASSAN RAWTHER, AGED 39 YEARS, FOUSIA MANZIL, ANYARTHOLU KARA, VANDANMEDU VILLAGE. 3. SHUMS, S/O.ABDUL VAHAB, AGED 28 YEARS, PUTHENPEEDIKAYIL VEEDU, ANYARTHOLU KARA, VANDANMEDU VILLAGE. 4. KABEER, S/O.KUNJUMUHAMMAD, AGED 32 YEARS, POOTHAKUZHIYIL VEEDU, MOONKALAR KARA, VANDIPERIYAR VILLAGE. 5. JALEEL, S/O.KASSIM, AGED 25 YEARS, PUTHENPURAKKAL VEEDU, ANYARTHOLU KARA, VANDANMEDU VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, VANDANMEDU POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR: ADV. SRI. M K PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.48 of 2011 --------------------------------------- Dated this 21st day of January, 2011 ORDER Petitioners are accused Nos.1 to 5 in C.C.No.631 of 2007 of the court of learned Judicial First Class Magistrate, Nedumkandom. They are accused of offences punishable under Secs.143, 365, 506(i), 342, 347 and 385 r/w Sec.149 of the Penal Code. They were granted bail and were released. Against petitioner Nos. 4 and 5 another case also is pending. In the present case, trial commenced and CW1 was being examined. Learned Magistrate thought that for some reason or the other CW1 was reluctant to give evidence and on being questioned it appeared to the learned Magistrate that CW1 was under some confusion. Learned Magistrate asked CW1 to give in writing reasons for that. CW1 gave the reasons in writing. Based on that, learned Magistrate gave Annexure-A1, notice to the petitioners to show cause why their bail shall not be cancelled. They gave Annexure-A2, reply. Learned Magistrate passed Annexure-A3, order cancelling the bail on December 23, 2010. Since then, petitioner are in custody. This petition is to set aside Annexure-A3, order. Learned counsel submitted that there was Crl.M.C.No.48 of 2011 -: 2 :- absolutely no justification or reason for the learned Magistrate to cancel bail. At any rate, reference is to some incident said to have happened some time back which was not sufficient to cancel the bail. 2. So far as Annexure-A3, order is concerned having regard to the circumstances stated therein, I am not inclined to interfer under Sec.482 of the Code of Criminal Procedure. But the fact that bail once granted stands cancelled does not mean that petitioners are not entitled to seek bail thereafter. It is within the power of the learned Magistrate to grant bail to the petitioners if circumstances warranted that. Hence, it is open to the petitioners to make fresh application for bail before the learned Magistrate and if any such application is preferred learned Magistrate shall consider that application and dispose of the same as early as possible having regard to the facts and circumstances of the case. With the above direction, this criminal miscellaneous case is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-