P.K. Shaji @ Thammanam Shaji vs State Of Kerala

The Supreme Court held that under Section 439(2) of the Cr.P.C., the High Court or Sessions Court has the authority to cancel bail granted by subordinate courts, but the cancellation must be executed by the same court that granted bail or a superior court. The Court emphasized that the accused must be given an opportunity to be heard before bail cancellation, referencing Gurdev Singh & Anr. vs. State of Bihar & Anr. The Court ultimately ruled that the Magistrate's cancellation of bail was improper, leading to the appeal being allowed and the bail reinstated.