NASSAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Though the petition is filed by Accused Nos. 1,2, 4 and 5 in Crime No. 68/2009 of Iritty Police Station, learned counsel appearing for the petitioners submitted that relief is restricted to first petitioner/first accused alone.

(2.) Under Annexure-A1 order, petitioners were granted anticipatory bail on 18.3.2009 on conditions. Petitioners were directed to surrender and apply for regular bail within one month. Petitioners thereafter surrendered and were released on regular bail by the learned Magistrate on 18.4.2009. One of the conditions for granting the bail was that the accused shall appear before the Investigating Officer on all Wednesdays in-between 10 a.m. and 11 a.m. until further orders. On 30.4.2009, the Investigating Officer filed a report before the learned Magistrate stating that the accused did not appear as directed by the learned Magistrate while granting bail. Learned Magistrate thereafter issued notice to the accused to show cause as to why their bail cannot be cancelled. Though first petitioner filed an objection, under Annexure-A4 order dated 16.5.2009, the learned Magistrate cancelled the bail. This petition is filed under Section 482 of Code of Criminal Procedure to quash that order.

(3.) Learned counsel appearing for the petitioners and learned Public Prosecutor were heard.