In Re: Subbiah alias Raju Gounder and Others

Fakkir Mohammed, J.—The petition has been filed for the grant of anticipatory bail by the accused persons in P.R.C. No. 16 of 1981 on the file of the Judicial Second Class Magistrate, Periakulam, anticipating that the petitioners will be committed to the Court of Session, for trial of the offence under S. 307,1.P.C,

The learned Public Prosecutor has drawn the attention of the Court to the orders passed by this Court in Crl. M P. No. 3143 of 1981, dated 23rd June, 1981 giving direction to the Magistrate to see that the bail granted by this Court in Crl. M. P. No. 1681 of 1981 is not cancelled while committing the case to the Court of Session. In addition the learned Public Prosecutor has cited the decision reported in Kewal Krishan Vs. Suraj Bhan and Another, , wherein the following observations have been made by the Supreme Court :

S. 209 of the Code of 1973 dispenses with the inquiry preliminary to commitment in cases triable exclusively by a Court of Session, irrespective of whether such a case is instituted on a criminal complaint or a police report. If the Committing Magistrate thinks that it is not necessary to commit the accused, who may be on bail to custody, he may not cancel the bail. This has been made clear by the words, ''subject to the provisions of this Code relating to bail'' occurring in CI. (b) of S. 209. Therefore, if the accused is already on bail, his bail should not be arbitrarily cancelled.

In view of the above observations of the highest Court of the land, it is not necessary that the Committing Magistrate should cancel the bail already granted by the Court of Session.

In the circumstances, the Committing Magistrate is directed not to cancel the bail granted while committing the petitioners to the Court of Session for trial.