IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 Crl.MC.No. 852 of 2011() ----------------------------------- CMP.NO.2205/2010 of SESSIONS COURT, KALPETTA CRIME NO.388/08 OF MANANTHAVADY POLICE STATION, WAYANAD ---------------------------- PETITIONER(S): ACCUSED ---------------------------------------- SAJEEVAN @ VINOD @ RAJU @ RAJEEVAN @ PRASAD @ SAJIPRASAD, S/O.THANKAPPAN, AGED 31 YEARS, VALUPPARA VEEDU, CHOORANI, POOTHAMPARA, KAVILUMPARA, THOTTILPALAM. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT(S): STATE ------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.852 of 2011 ==================================== Dated this the 23rd day of March, 2011 O R D E R Petitioner is accused in Crime No.388 of 2008 of Mananthavady police station for offence punishable under Section 379 of the Indian Penal Code for alleged theft of a vehicle. He was arrested by the police and the learned Sessions Judge, Wayand at Kalpetta granted bail to the petitioner on 04.11.2010. He was released on 01.02.2011. While granting bail certain conditions were imposed on petitioner which included that he shall report to the Investigating Officer on all alternate days between 4-5 p.m until final report is filed and shall not leave local limits of jurisdiction of learned Judicial First Class Magistrate-II, Mananthavady without prior permission of that court. Petitioner says that he is a resident of Kavilumpara within the local limits Thottilpalam police station, in Kozhikode District and seeks modification of the above said condition. Learned counsel submitted that the direction to report to the Investigation on all alternate days causes much difficulty including financial loss to the petitioner. It is submitted that petitioner may be permitted to CRL.M.C. No.852 of 2011 -: 2 :- go to his residence at Kavilumpara. I have heard learned Public Prosecutor also who from the impugned order submitted that petitioner is involved in a series of crimes involving theft and excise crimes. 2. Having regard to the circumstances stated by the learned Public Prosecutor I do not find reason to interfere with the order passed by the learned Sessions Judge refusing to modify the condition that petitioner shall not leave the local limits of jurisdiction of Mananthavady police station. But I make it clear that this order will not stand in the way of petitioner making a request in that behalf before the learned Sessions Judge on a later point of time if circumstances warranted. 3. So far as the condition requiring petitioner to report to the Investigating Officer on all alternate days is concerned I am inclined to think that the said condition requires modification to some extent. I consider that it is sufficient that petitioner reported to the Investigating Officer on all Saturdays between 4-5 p.m until final report is filed. Resultantly, Criminal Miscellaneous Case is allowed in part CRL.M.C. No.852 of 2011 -: 3 :- to the extent of the condition requiring petitioner to report to the Investigating Officer on all alternate days is modified. Petitioner shall report to the Investigating Officer on all Saturdays between 4-5 p.m. beginning from 02.04.2011 until final report is filed (as directed by the learned Sessions Judge). Petitioner shall comply with the other conditions imposed by the learned Sessions Judge. THOMAS P. JOSEPH, JUDGE. vsv