9911796707
TMI Blog2005 (10) TMI 599X X X X Extracts X X X X X X X X Extracts X X X X ..... in conditions, one of which was that he should execute a bond for Rs. 50,000/- with two solvent sureties. He was also directed to make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. to 12.00 noon and was further directed that except for this purpose he shall not enter the sessions division of Ernakulam until further orders without prior permission of the learned Magistrate. Lastly, the Sessions Court directed that the Investigating Officer shall scrupulously ensure that the appellant complied with all the conditions imposed therein and shall report to the Magistrate in case of any breach of conditions and the Magistrate shall take appropriate action as if the conditions have b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect that the person released on bail be arrested and committed to custody. 5. In the instant case, the bail was granted by the Sessions Court under Section 439 Cr.P.C. Sub-section 2 of Section 439 Cr.P.C. specifically says that a High Court or the Sessions Court may direct that any person who has been released on bail be arrested and committed to custody. The power of the High Court or the Sessions Court under Sub-section 2 of Section 439 Cr.P.C. is very wide and it specifically says that the Sessions Court or the High Court has got power to cancel the bail granted by any of the subordinate courts under Chapter 33 of the Criminal Procedure Code. 6. The plea of the appellant's learned Counsel is that if the Sessions Court had granted b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his contention. The superior court can always give directions of this nature and authorise the subordinate court to pass appropriate orders and the trial Magistrate would be the competent authority to decide whether any condition had been violated by the person who had been released on bail. When there is a specific direction to pass appropriate orders as if the conditions for granting bail had been imposed by the learned Magistrate himself, the impugned Order is legal and valid. 9. The contention of learned Counsel for the appellant that the appellant was in prison in connection with another case and that is why he could not appear before the Investigating Officer, does not appear to be true as such a plea was not raised before the learne ..... X X X X Extracts X X X X X X X X Extracts X X X X
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