Judgment : 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. 4. As rightly pointed out by the learned counsel appearing for the petitioners, a bail can be cancelled only as provided under Section 439 of Code of Criminal Procedure and that power is vested with the High Court or the Court of Sessions. As held by this Court in Thulaseedharan Nair v. State of Kerala (ILR 2006 (3) Kerala 360), Parliament has not chosen to empower the Magistrate for cancellation of bail and instead that power was granted only to the superior courts, the Court of Sessions and the High Court. Therefore, learned Magistrate was not competent to cancel the bail under Section 439 of Code of Criminal Procedure. 5. Even if it is taken that learned Magistrate was exercising the powers under subsection (5) of Section 437 of Code of Criminal Procedure, which enables any court, which has released a person on bail, to direct to arrest and commit such person to custody, if he considers it necessary, the order shows that learned Magistrate has virtually cancelled the bail for the reason that accused did not comply with the conditions in the bail order and directed the Investigating Officer to arrest them for the purpose of investigation. What is provided under sub-section (5) of Section 437 is to direct such person be arrested and to commit him to custody and not a direction to the Investigating Officer to arrest the person for the purpose of investigation. In such circumstances, petition is allowed. Annexure-A4 order as against the first petitioner is quashed.