IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Crl.MC.No. 3788 of 2008() ------------------------- CRIME NO. 513 OF 2008 OF NADAKKAVU POLICE STATION CMP.6919/2008 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... PETITIONER(S): 1ST AND 2ND ACCUSED ---------------------------------- 1. BIN PETER, AGED 20/2008, S/O.PATHROSE, MANKOTTIL HOUSE, KADAMATTOM KARA, IKKARANAD NORTH VILLAGE. 2. JAWAHAR MUSTAFA, S/O.MUSTHAFA, AGED 20/2008 PERUMANATHOTTATHIL HOUSE, MADAPPALLY THAZHAM KARA, ALUVA EAST VILLAGE. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, POLICE STATION, NADAKKAVU, KOZHIKODE. (INVESTIGATING OFFICER IN CRIME NO.513/2008 OF NADAKKAVU POLICE STATION). 3. SUB INSPECTOR OF POLICE, POLICE STATION, PUTHENKRUZ, (INVESTIGATING OFFICER IN CRIME NO.642/2008 OF PUTHENCRUZ POLICE STATION). BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3788 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2008 O R D E R The petitioners were arrested in a crime registered initially under section 41(1)(d) and Section 102 Cr.P.C. They have been released on bail subject to conditions as per Annex.A2 order. That arrest was in Crime 642 of 2008 of Puthencruz police station. That crime has now been transferred to the Nadakkavu Police Station in Kozhikode district, as the offence committed is connected with Crime No. 513 of 2008 of Nadakkavu police station. The order granting bail obliges the petitioners to report before the Investigating Officer on all Mondays and Saturdays at 10 a.m. The petitioners have now come to this Court for a clarification whether they should appear before the investigating Officer of Nadakkavu police station in terms of Annex.A2 order. If they should so appear, it is prayed that the condition may be modified. They are Engineering students. They find it impossible to appear before the Investigating Officer at Crl.M.C.No. 3788 of 2008 2 Nadakkavu police station on all Mondays and Saturdays. I am satisfied in the facts and circumstances of this case that the condition can be modified. 2. The learned Prosecutor submits that the State has no objection against the modification of the condition. The learned Prosecutor further points out that in Crime No.513 of 2008 of Nadakkavu police station, there is no intention to re-arrest the petitioners, who have already been enlarged on bail in the connected Crime 642 of 2008 of Puthencruz police station. A consolidated investigation is now being conducted in these crimes. Therefore the petitioners need not apprehend that they will be re-arrested in Crime No.513 of 2008 of Nadakkavu police station. Such apprehension of re-arrest is without any merit, submits the Prosecutor. I am satisfied that the said submissions of the learned Prosecutor can be recorded and the condition imposed can be modified. 3. This Crl.M.C. is allowed in part. It is observed that the petitioners having already been arrested and released in Crime No.642 of 2008 of Puthencruz police station, they shall not be and need not be Crl.M.C.No. 3788 of 2008 3 re-arrested in Crime 513 of 2008 of Nadakkavu police station. The petitioners shall continue to comply with the conditions subject to the modification that they need appear before the Investigating Officer between 4 p.m. and 6 p.m. on all Saturdays until further orders. (R. BASANT) Judge tm