The main legal point established in the judgment is that once bail is granted, it remains in force unless cancelled by the appropriate court, and the police cannot re-arrest the accused until the bail is cancelled by a positive order from the appropriate court.

Heard.

Apprehending arrest at the hands of the respondent police in connection with P.R.C.No.78 of 2009 on the file of the Judicial Magistrate No.III, Cuddalore for alleged offences U/s.323, 506(ii), 302 r/w 201 of IPC, the petitioner has come forward with this petition seeking anticipatory bail.

2. Originally, this case was registered under Sections 323, 506(ii) and 201 of IPC. The petitioner, during investigation, was arrested and later on released on bail by the learned Judicial Magistrate. When final report was submitted, Section 302 of IPC was also added. On the basis of the said final report, according to the petitioner, he is again sought to be arrested by the respondent police not withstanding the fact that he has already been granted bail by the learned Magistrate. It is in these circumstances, the petitioner is before this court with this petition seeking anticipatory bail.

3. The core question is, whether the respondent police has got power to re-arrest the petitioner at this stage though he is enjoying the benefit of order of bail granted by the learned Magistrate?

4. Since the said question involves importance, this Court requested Mr.V.Karthick, the learned counsel to assist this Court as an Amicus Curiae. Accordingly, he has taken pains to analyse the provisions and he has also made his submissions. According to him, the respondent police has no power to re-arrest the petitioner so long as the petitioner enjoys bail.

5. It is needless to point out that under Chapter XXXIII of the Code of Criminal Procedure, 1973 ( in short, "the Code") , if once bail is granted, it shall be in force unless the same is cancelled by the appropriate court. There is no provision in the Code declaring the order of bail granted earlier to stand automatically cancelled. It needs a positive order of cancellation. Such an order of cancellation can be made only after due notice to the accused. The grounds on which such cancellation can be made and the circumstances under which such power of cancellation of bail can be exercised need not be gone into in this petition.

6. After an order granting bail is passed, the second legal process viz., execution of bond to the satisfaction of the Court arises. Though a person may have the benefit of getting an order of bail granted by the competent court, he shall not be discharged from judicial custody unless he executes a personal bond with or without sureties as directed in the order of bail.

7. Section 446 of the Code speaks of the procedure when the bond executed for the appearance of the accused is forfeited. Section 446-A of the Code speaks of cancellation of bond and the bail bond automatically in the event of forfeiture of the bond for breach of a condition. When such a bond stands automatically cancelled and whether any positive order needs to be passed by the Court have been elaborately dealt with by me in Prabakaran v. State [2010 (1) CTC 585]. No where I find any provision in the Code which make the bond or bail bond automatically cancelled, in the event, some more penal provisions denoting serious offences are added in the case. Thus, a plain reading of Chapter XXXIII of the Code would make it manifestly clear that simply because a penal provision denoting a serious offence is added to the case, neither the bail nor the bail bond shall stand automatically cancelled. As I have already stated, it needs an order of cancellation of bail passed by the appropriate Court. Therefore, after adding such penal provision in respect of a serious offence, the police cannot re-arrest the accused as the same would amount to arresting a person who is on bail on the orders of the Court. Of course, the police can approach the appropriate court seeking cancellation of bail and for sufficient grounds, if the court so cancels the order of bail granted earlier, it goes without saying that thereafter, the police can arrest the accused.

8. In this regard, I may have a quick look into some of the ju