IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 Crl.MC.No. 61 of 2011() ----------------------- SC.1540/2009 of ADDL. SESSIONS COURT-I, THIRUVANANTHAPURAM PETITIONER(S): --------------- OMPRAKASH, S/O.PRASANNAKUMAR, O.K.NIVAS, VALIYUTHARA, THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.P.M.SANEER SRI.V.S.THOSHIN RESPONDENT(S): STATE: --------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PETTAH POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI K.J.MOHAMED ANZARI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.61 of 2011 -------------------------------------- Dated this the 11th day of January, 2011. ORDER This petition is filed by the accused in S.C.No.1540 of 2009 of the court of learned Additional Sessions Judge-I, Thiruvananthapuram. He was arrested and remanded to judicial custody but later released on bail subject to conditions as per Annexure-A, order. Later, some of the conditions were modified and as it now stands and going by Annexures-A and C – orders, two of the conditions therein are that petitioner shall not leave the local limits of jurisdiction of the court of learned Additional Sessions Judge-I, Thiruvananthapuram without prior permission and that petitioner shall appear before the Investigating Officer on all Mondays between 8 a.m. and 10.30 p.m.. To lift or modify the said conditions petitioner filed Annexure-D, application before the learned Additional Sessions Judge. The reason stated for lifting/modifying the conditions is that wife of petitioner is studying at Coimbatore and petitioner wanted to visit her. Learned Sessions Judge has dismissed the application by Annexure-E, order considering the report submitted by the Investigating Officer. Learned Additional Sessions Judge has found that there is no reason to lift the conditions. Learned counsel reiterated the contentions urged before learned Additional Sessions Judge and pleaded that the conditions may be lifted or modified. Learned Public Prosecutor submits that petitioner is involved in several cases and that there is no reason or circumstance to lift the existing conditions. Crl.M.C.No.61/2011 2 2. So far as the condition directing that petitioner shall not leave the local limits of jurisdiction of the court without prior permission is concerned, I do not find reason to interfere as even if petitioner needs to go beyond the jurisdiction of the court, he can get permission and do so if there are appropriate reasons for that. 3. So far as the condition directing appearance of petitioner before the Investigating Officer is concerned, learned counsel submits that petitioner has to attend the courts where cases involving him are on trial and it is difficult for him to comply with the condition. Having regard to that submission petitioner is permitted to report before Investigating Officer on all Sundays between 8 a.m. and 8 p.m. Resultantly this petition is allowed to the extent stated above and modifying the condition for appearance before Investigating Officer on all Mondays as to appear before such officer on all Sundays between 8 a.m. and 8 p.m. until further orders. THOMAS P.JOSEPH, Judge. cks