IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 Crl.MC.No. 3604 of 2010() --------------------------------------- (CRIME NO.264/2010 OF KUTTIPPURAM POLICE STATION) PETITIONER(S): PETITIONERS/ACCUSED NOS.1 & 2: ------------------------------------------------------------------------------ 1. CHINNATHAY, W/O.SUBRAMANNIAN, RESIDING NEAR TEMPLE OF PULIYAR SWAMI, METTUPALAYAM, TAMILNADU. 2. MUTHUMARI, W/O.ARUMUKHAM, RESIDING NEAR TEMPLE OF PULIYAR SWAMI, METTUPALAYAM, TAMILNADU. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): RESPONDENT:COMPLAINANT: ------------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, KUTTIPPURAM-679 571, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3604 of 2010 -------------------------- ORDER Petitioners are the accused in Crime No. 264/2010 of Kuttippuram Police Station, registered for the offence under Section 511 of Section 379 read with Section 34 of Indian Penal Code. They are residents of Tamil Nadu. By Annexure-A1 order, bail was granted to them by the Sessions Judge, Manjeri on conditions. The second condition reads: Petitioners shall produce document to the satisfaction of the Judicial First Class Magistrate's Court-I, Tirur, proving their identity. This petition is filed under Section 482 of Code of Criminal Procedure to quash the said condition. 2.Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Petitioners are described in the FIR as residing near Temple of Puliyar Swami, Mettupalayam. If condition No.2 is to be complied with, accused, CRMC 3604/10 2 who are in custody, have to produce document to the satisfaction of the Magistrate that they are persons shown in the FIR. I do not find for what purpose such an identity is to be established when petitioners were arrested and produced before the Magistrate on the basis that they are the accused shown in the FIR. If the apprehension is that petitioners, once granted bail, may go out of the State and therefore, their presence could not be procured for the purpose of investigation or trial, learned Sessions Judge should have provided sufficient safeguards to see that petitioners appear before the Investigating Officer as has been done by Condition No.3 or should have provided that they shall not leave the jurisdiction of the court without the permission of the court and informing the Investigating Officer. The accused, who are in custody, cannot be compelled to produce document to the satisfaction of the Magistrate to prove their identity as shown in the FIR, when they were CRMC 3604/10 3 arrested on fixing the identity. Condition No.2 in Annexure-A1 order is, therefore, deleted and instead, the following condition is incorporated. Petitioners shall not leave the jurisdiction of Malappuram District without the permission of the Magistrate and informing the Investigating Officer regarding their whereabouts in case they are permitted to leave the jurisdiction. Petition is disposed. 2nd September, 2010 (M.Sasidharan Nambiar, Judge) tkv