Case- Preetha Radhakrishnana vs. State of Kerela & Connected Case The Hon'ble High Court held that the magistrate had the power to cancel under section 437(5) Cr.P.C. and read with 439(2). Both the writ petitions concerning Magistrate's order cancelling bail for 2nd/3rd accused and his decision not to release 1st accused on bail were rejected by the High Court. The verdict pointed out that Magistrates are allowed to cancel bail granted by the High Court where the original bail order gives the Magistrate such power-assuming, however, that a section 439(2) application to this effect has not been filed.