IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Crl.MC.No. 4633 of 2010() ------------------------------------- C.M.P.12281/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKKUDA. C.R.NO.19/2010 OF EXCISE RANGE, IRINJALAKKUDA. ..................... PETITIONER/ACCUSED --------------------------------- JIBIN, S/O.THANKAPPAN,THANNIYIL HOUSE, KIZHAKKUMMURIKKARA DESOM, RAMAMANGALAM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, ADV. SRI.M. REVIKRISHNAN, SRI.V.C. SARATH. RESPONDENTS/RESPONDENTS/STATE ---------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.SABU SREEDHARAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4633 of 2010 -------------------------- ORDER Petitioner, the accused in C.R.No.19/2010 of Excise Range, Irinjalakuda, was granted statutory bail under Section 167(2) of Code of Criminal Procedure on 23.6.2010 under Annexure-A order. The order directs the petitioner to appear before the Investigating Officer once in every fortnight, preferably on the third Wednesday. Assistant Public Prosecutor filed Annexure-B petition under sub-section (5) of Section 437 of Code of Criminal Procedure to cancel the bail, contending that petitioner violated the conditions in Annexure-A order as he did not appear before the Investigating Officer at all. By Annexure-C order, learned Magistrate issued a non bailable warrant, without issuing notice to the petitioner. Annexure-C order is challenged in this petition filed under Section 482 of Code of Criminal Procedure. 2. Learned counsel appearing for the petitioner and learned Public prosecutor were heard. CRMC 4633/10 2 3. Petitioner was granted statutory bail. When that bail is to be cancelled for violation of the conditions of the bail, as provided under sub-section (5) of Section 437 of Code of Criminal Procedure, under Annexure-B petition, learned Magistrate is bound to hear the petitioner and grant him opportunity to show cause why bail shall not be cancelled. As Annexure-C order was passed without granting that opportunity, order dated 10.11.2010 is quashed. Judicial First Class Magistrate, Irinjalakuda is directed to consider Annexure-B petition afresh and pass appropriate order in accordance with law. But, petitioner is not entitled to violate the conditions in Annexure-A order. Hereafter, petitioner shall appear before the Investigating Officer on every Wednesday between 10 a.m. and 12 noon, till an order is passed on Annexure-B petition. Petition is disposed. 22nd December, 2010 (M.Sasidharan Nambiar, Judge) tkv