IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 Bail Appl..No. 4106 of 2011() ----------------------------- CMP.346/2011 of J.M.F.C.,MALAPPURAM CRIME NO.201/2010 OF VENGARA POLICE STATION .................... PETITIONER: ACCUSED NO.1 -------------------------------- SHABEER ALI, S/O. MOHAMMED EDAKKANGAL HOUSE, ATTEERI, KOTTAKKAL AMSOM, P.O. KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT: COMPLAINANT1 --------------------------- STATE OF KERALA, THROUGH SUB INSPECTOR VENGARA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.4106 of 2011 ----------------------------------------------------- Dated this the 26th day of May, 2011 ORDER Petitioner, who is the first accused in Crime No.201 of 2010 of Vengara Police Station for offences punishable under Sections 306, 420 & 120-B read with Section 34 I.P.C. was granted bail by the Judicial Magistrate of the First Class, Malappuram, subject to certain conditions. On his failure to comply with the conditions in the order for reporting before the Investigating Officer the learned Magistrate cancelled his bail and ordered that he be committed to custody. Challenging this order the petitioner approached this Court by filing Crl.M.C.No.1312 of 2011 which was dismissed by this Court observing that the remedy of the petitioner is to apply for fresh bail and to defend the proceedings initiated against him under Section 446 Cr.P.C. Without surrendering before the Magistrate or allowing himself to be arrested by the police the petitioner has now approached this Court by filing this petition for anticipatory bail. The appropriate remedy of the petitioner is to seek bail consequent on his arrest. He is apprehending arrest in pursuance of an order passed by the Magistrate cancelling his Bail Appln.No.4106/2011 : 2 : bail. He cannot claim any immunity from arrest nor seek anticipatory bail against the apprehended arrest which is the direct consequence of the order cancelling his bail. Hence without prejudice to the right of the petitioner to seek regular bail in the event of his arrest, this petition for anticipatory bail is dismissed. Dated this the 26th day of May, 2011. V.RAMKUMAR, JUDGE skj