JAMES GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) What is under challenge is Annexure - A. The petitioner is the first accused in Crime No. 1658/2015 of the East Police Station, Kollam, registered for the offences punishable under S.420, S.468 and S.471 read with S.34 of the Indian Penal Code.

(2.) Some grave allegations are levelled against the petitioner. The petitioner was placed under arrest on 23/07/2015. He was released on bail by the learned Chief Judicial Magistrate, Kollam on 05/08/2015. By that time, the 3rd accused was not arrested. The prosecution has approached the Court below with a petition under S.439(2) CrPC seeking the cancellation of bail granted to the petitioner. It seems that through Annexure - A order, the learned Sessions Judge has chosen to cancel the bail of the petitioner by invoking the power under S.439(2) CrPC.

(3.) Much discussion is not required to conclude that the Court below, being a Sessions Court, has no power to 'cancel the bail' by invoking the power under S.439(2) CrPC. The provisions contained under S.439(2) CrPC and 437(5) CrPC are not meant for cancellation of bail; whereas those provisions are meant for arrest of an accused who was enlarged on bail. For such an arrest under S.437(5) CrPC as well as under S.439(2) CrPC sufficient grounds should be there. It seems that the Court below has gone to the extent of cancelling the bail granted to the petitioner, which was quite uncalled for under S.439(2) CrPC. The Court below has chosen to cancel the bail of the petitioner mainly on the ground that the 3rd accused was at large.