IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 Crl.MC.No. 4931 of 2010() ------------------------- CRL.M.P.NO.3022/2010 IN CRL.MC NO.1186/2010 OF SESSIONS COURT, KOZHIKODE CRIME NO.520/2010 OF BALUSSERY POLICE STATION .................... PETITIONER(S): ACCUSED ---------------------- SUNIL DUTH, S/O. SHREDHARAN NAIR, 42 YEARS, MEETHLEVEETTIL, GOKULAM, VATTOLI BAZAR, BALUSSERY, KOYILANDY TALUK, KOZHIKODE. BY ADV. SRI.SANTHARAM.P RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI -31. PUBLIC PROSECUTOR SHRI K.J.MOHAMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4931 of 2010 -------------------------------------- Dated this the 21st day of January, 2011. ORDER Petitioner is accused in Crime No.520 of 2010 of Balussery Police Station for offences punishable under Sections 420, 406 and 376 of the Indian Penal Code. Learned Sessions Judge, Kozhikode granted bail to the petitioner but subject to conditions. Conditions included that petitioner shall report to the Investigating Officer on all days between 8 a.m. and 10 a.m. till trial is completed, that he shall not enter into the limits of Balussery Police Station without previous permission except for reporting before the Investigating Officer and that he shall not leave Kozhikode District without previous permission of the Investigating Officer. Later petitioner filed Crl.M.P. No.3022 of 2010 for modification of the conditions. Learned Sessions Judge while retaining condition Nos.5 and 7 modified condition regarding appearance before the Investigating Officer as on all alternate days between 8 a.m. and 10 a.m. till trial is completed. Learned counsel submitted that petitioner is a business man and that he has to travel through out the State but in view of the conditions imposed much inconvenience and difficulty is caused to him. Learned Public Prosecutor submitted that petitioner is involved in three other cases under Section 138 of the Negotiable Instruments Act within the limits of Chavakkad Police Station, had absconded in those cases and that he was arrested in one of those cases and produced before the court of learned Judicial First Class Magistrate-I, Chavakkad. Crl.M.C.No.4931/2010 2 2. Having heard learned counsel for petitioner and the Public Prosecutor, I am not inclined to interfere with the condition regarding entry of petitioner into the limits of Balussery Police Station or going beyond Kozhikode District since sufficient provision has been made by the learned Sessions Judge and petitioner could either enter the limits of Balussery Police Station or go beyond the Kozhikode District with permission as ordered. 3. So far as the condition requiring attendance of petitioner before the Investigating Officer on all alternate days is concerned, I am inclined to think that it would cause inconvenience and difficulty to the petitioner. Hence I am inclined to modify that condition. It is sufficient that petitioner reports before the Investigating Officer on all alternate Sundays between 8 a.m. and 10 a.m. until filing of final report. Resultantly this petition is allowed in part modifying condition No.2 imposed and modified by the learned Sessions Judge as requiring petitioner to appear before the Investigating Officer on all alternate Sundays between 8 a.m. and 10 a.m. until charge sheet is filed. THOMAS P.JOSEPH, Judge. cks