IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 Crl.MC.No. 3370 of 2008() ------------------------- CRIME NO.540/2008 OF THODUPUZHA POLICE STATION .................... PETITIONER: ------------ 1. GROMIN, S/O MANUEL, AGED 23 YEARS, PUTHEPURAYIL HOUSE, THONDIKUZHAKARA, KARIKKODE VILLAGE, 2. JOMIN, S/O MANUEL, AGED 21 YEARS, PUTHEPURAYIL HOUSE, THONDIKUZHAKARA, KARIKKODE VILLAGE BY ADV. SRI.S.RAJEEV RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 540/08 OF THODUPUZHA POLICE STATION.) BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3370 of 2008 ---------------------------------------- Dated this the 22nd day of September 2008 O R D E R The petitioners who face allegations in a crime registered alleging offences punishable inter alia under Sections 353 and 307 read with 149 I.P.C, who have been released on regular bail as per orders of the Sessions Court subject to conditions and whose prayer for deletion of the condition regarding appearance before the investigating officer has been dismissed by the learned Sessions Judge by the impugned order have come to this court with a prayer that the condition imposed on them which has remained in force for a period exceeding four months now that they should make themselves available for interrogation before the investigating officer on all Mondays and Thursdays between 10 a.m and 11 a.m till the final report is filed, may now be deleted. The learned counsel for the petitioner advances two reasons. First of all, it is contended that the condition which has remained in force for the past four months may not be permitted to continue merely because the police have not chosen to file the final report so far. Secondly, it is contended that there is strained relationship between the accused persons and the police. There is allegation of torture against the accused persons. Complaint to that effect was made before the Crl.M.C.No.3370/08 2 learned Magistrate when the petitioners were produced. The petitioners are being unnecessarily harassed when they report before the police. Subject to any appropriate conditions obligation to appear before the investigating officer may now be vacated, it is prayed. 2. The learned Public Prosecutor opposes the application. But notwithstanding the opposition, I am satisfied on a consideration of the totality of circumstances that the said condition imposed can be removed. I take note of the fact that a period of four months has already elapsed from the date on which the petitioners were enlarged on bail. 3. In the result, a) This petition is allowed. b) The impugned order is set aside. c) The said condition imposed - that the petitioners must make themselves available before the investigating officer on all Mondays and Thursdays is modified and it is directed that the petitioners need appear before the investigating officer only as and when directed by the investigating officer in writing to do so. The petitioners shall furnish to the investigating officer the change of address, if any from time to time. (R.BASANT, JUDGE) jsr Crl.M.C.No.3370/08 3 Crl.M.C.No.3370/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008