IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Crl.MC.No. 3973 of 2010() ----------------------------------- AGAINST THE ORDER DATED 02/09/2010 IN CRMP 3286/2010 IN MC.604/2010 of SESSIONS COURT, THRISSUR CR. NO.4/2010OF EXCISE RANGE OFFICE, KUNNAMKULAM .................... PETITIONER(S): ACCUSED ------------------------------------- BIJU, AGED 31 YEARS, S/O. JOSEPH, VADAKKUMCHERY VEETIL, MAVIDI DESOM, PERAVUR VILLAGE, THALASSERI TALUK, KANNUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): STATE & DEFACTO COMPLAINANT ---------------------------------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3973 OF 2010 --------------------------------------------- Dated 3rd December, 2010 O R D E R Petitioner, the accused in crime No.4/2010 of Excise Range, Kunnamkulam was released on bail by Sessions Judge, Thrissur in Crl.M.C.604/2010 on conditions. First condition was to appear before the investigating officer between 9 a.m and 11 a.m on all Wednesdays and Saturdays commencing from 21/4/2010, until further orders. Later that condition was modified by order dated 19/5/2010, by which petitioner was directed to report on the first Wednesday of every month until further orders. Petitioner thereafter filed Crl.M.P.3286/2010 before Sessions Judge to modify that condition contending that as Crmc 3973/10 2 he is residing at Thalassery he is unable to engage in his work as driver and therefore, condition is to be modified. By Annexure-A order, petition was dismissed. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A order. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Contention of the petitioner before the learned Sessions Judge and before this Court is that he is working as a driver in Thalassery where he resides and therefore, he find it difficult to appear before the investigating officer at Thrissur once in every month and therefore, that condition is to be deleted. 4. Learned Public Prosecutor on Crmc 3973/10 3 instructions submitted that petitioner is not a resident of Kannur district but is permanently residing in Karnataka and petitioner did not appear before the investigating officer on two occasions, though subsequently he appeared. It is also submitted that as petitioner is not residing at Kerala, the condition may not be modified. 5. Though learned counsel sought time to ascertain the correctness of the submission of the Public Prosecutor that petitioner is residing in Karnataka and adjournment was granted, learned counsel later did not dispute the submission. In such circumstances, petitioner is not entitled to get the condition modified as sought for. It is made clear that petitioner need not appear before the investigating officer as directed in Crmc 3973/10 4 the bail order as modified, once the final report is filed. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.