(1.) This matter has come up for consideration before us on a reference made by a learned Single Judge of this Court (Justice V. Ramkumar). The learned Single Judge doubted the correctness of the decision reported in Nassar v. State of Kerala, 2009 (3) KHC 391 : 2009 (3) KLT 419.
(2.) The relevant portion in Nassar's case is extracted hereunder:
(3.) The point that arises for consideration is whether the Magistrate who granted bail to an accused under S.437(1) CrPC has power to cancel it under S.437(5) CrPC. The learned Single Judge in Nassar's case held that what is provided under S.437(5) is only to direct such persons be arrested and commit him to custody.