AKBAR SALIM Vs. STATE OF KERALA

JUDGEMENT

(1.) 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 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.