IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 Crl.MC.No. 1108 of 2009() --------------------------- (CRIME NO.738/05 OF FORT POLICE STATION PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE-II, THIRUVANANTHAPURAM.) .................... PETITIONER(S): 2ND ACCUSED ------------------------------------ MOHAMMED ALI, S/O.E.P. KUNJU KANNAN, PHIMIX BAG, PORT BLAIR, ANDAMAN & NICHOBAR ISLANDS. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANT --------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1108 OF 2009 = = = = = = = = = = = = = = = Dated this the 27th day of March, 2009. O R D E R This petition is filed with a prayer to suspend the condition imposed on the petitioner while granting bail to the effect that he should not leave Sessions Division of Thiruvananthapuram till a period of one month from 23.3.2009. I had perused the materials available before this Court and this Court as per order in Crl.M.C No.3195/07 and later by the order in Crl.M.C No.2332/08 had granted such suspension. The reason for the suspension is that the wife of the accused is in an advanced stage of pregnancy expected to deliver of a child by 1.4.2009 and that his presence is necessary as there is nobody else to look after. The petitioner is also prepared to abide by any conditions which the Court imposes. It is submitted now that the investigation has been handed over to the CBI. Taking into consideration the facts and circumstances described I am inclined to allow the prayer and the condition imposed on the Crl.M.C. 1108 OF 2009 -:2:- petitioner that he should not leave the Sessions Division of Thiruvananthapuram shall stand suspended from 28.3.2009 to 20.4.2009. The petitioner shall keep the Investigating Officer informed of his movements on every Monday by a registered letter and if necessary his movements can be so tracked by the Investigating Officer if there is any apprehension of any absconding. He shall also report before the Superintendent of Police, Port Blair on 4.4.2009, 9.4.2009 and 15.4.2009. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-