IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Crl.MC.No. 3170 of 2008() ------------------------- CRMP.1333/2008 of SESSIONS COURT, KOTTAYAM CRMP.1841/2008 OF THE SESSIONS COURT, KOTTAYAM. .................... PETITIONER(S): --------------- SHAJU THURUTHEN, S/O.VARKEY,THURUTHEL HOUSE, LALAM VILLAGE, MEENACHIL TALUK. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, PALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL.R2. REJI JOSE, RESODOMG AT ALAPPATTUKUNNEL, LALAM VILLAGE, KIZHATHADIYOOR KARA. IS IMPLEADED AS ADDITIONAL R2 AS PER THE ORDER DATED 26/8/08 IN CRL.M.A.NO.4572/08. BY P.P. SRI.GIKKU JACOB. ADV. SRI.B.KRISHNA MANI FOR ADDL.R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3170 of 2008 ------------------------------------------------- Dated this the 29th day of September, 2008 ORDER The petitioner has come to this Court with a prayer to modify the conditions imposed as per Annexure-A order. He faces allegations in a crime registered under Sec.307 IPC. He has been granted bail subject to conditions. Inter alia, it was directed that the petitioner shall not enter the limits of the Pala Police Station without obtaining permission of the court except for appearing before the Investigating Officer on all Wednesdays between 9 a.m. and 11 a.m. as insisted by another condition. The petitioner submits that the said condition was later modified as per Annexure-R2(b) order and he was permitted to enter the limits of the Police Station from 3.30 p.m. to 5 p.m. only for the purpose of attending the meeting of the Municipal Council. Crl.M.C. No. 3170 of 2008 -: 2 :- 2. The petitioner now prays that the said condition No.5 imposed on him may be deleted and he may be permitted to enter the jurisdiction of the Pala Police Station without any fetters. 3. This application is opposed stoutly by the learned Public Prosecutor as also the de facto complainant. It is pointed out specifically that the petitioner has not been observing the conditions imposed. Specific details are brought to the notice of this Court about the non-compliance and non-observance of the conditions imposed on the petitioner. No one has sought cancellation of the bail and, in these circumstances, it is not necessary for me to advert to that aspect in any greater detail in this order. But, at any rate, there are clinching indications to suggest that the petitioner has not been observing the conditions. I am, in these circumstances, satisfied that it is too early to consider the relaxation of the said condition No.5. By another interim order dated 26/8/08 passed by this Court the petitioner was granted permission to appear for the Muncial Council meetings. 4. I am satisfied, in these circumstances, that condition No.5 imposed as per the order dated 7/6/08 in Crl.M.P.No.1333/08 as modified by Annexure-R2(b) order dated Crl.M.C. No. 3170 of 2008 -: 3 :- 12/6/08 in Crl.M.P.No.1423/08 and as further directed by the interim order dated 26/8/08 shall continue to remain in force until further order. The police shall monitor whether the petitioner is observing these conditions strictly. If there be any violation of conditions, such violation shall be promptly reported to the Magistrate concerned. 5. It is further make it clear that the petitioner enters the jurisdiction of the Pala Police Station hereafter for any purpose, prior intimation shall be given by him to the S.I. of Police, Pala Police Station. 6. This Crl.M.C. is, in these circumstances, dismissed with the observation that if the petitioner complies with the above directions strictly, he shall be at liberty to move for modification of the conditions after a period of 45 days. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3170 of 2008 -: 4 :-