IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 Crl.MC.No. 3590 of 2009 ---------------------------------- (CRIME NO. 132/2009 OF THALASSERY POLICE STATION) .................... PETITIONERS/ACCUSED 1 & 2: -------------------------------------------- 1. NALINAKSHAN, `ATHIRA', NEAR COLASSERY BUS STOP, POST PERINTHATTIL, THALASSERY. 2. RAFEEQ.K., S/O.ABOOBACKER, C.M.HOUSE, PANNOOR P.O., KANNUR DISTRICT. BY ADV. MR.C.P.PEETHAMBARAN. RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT: --------------------------------------------------------------------------------------- 1. THE STATION HOUSE OFFICER, THALASSERY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ZAKKIR M.P., S/O.ABOOBACKER, ANWAR VILLA, KURICHIYIL P.O., THALASSERY. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3590 OF 2009 ------------------------------------------ Dated 24th November 2009 O R D E R Petitioners are the accused in crime No.132/2009 of Thalassery police station registered under Annexure-A2 FIR registered for the offences under Sections 468, 471, 420 and 406 read with Section 34 of Indian Penal Code. By Annexure-A3 order, Sessions Judge, Thalassery granted anticipatory bail to first petitioner on conditions. By Annexure-A4 order, Sessions court granted anticipatory bail to second petitioner. One of the conditions in Annexure- A4 order is that petitioner shall appear before the investigating officer on every Tuesday between 10 and 11 a.m till a final report is filed. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A2 FIR or in the alternative to modify the condition directing second petitioner to appear before the investigating officer on every Tuesday. 2. Learned counsel appearing for the Crmc 3590/09 2 petitioners and learned Public Prosecutor were heard. 3. Annexure-A2 FIR was registered based on Annexure-A1 complaint filed before Judicial First Class Magistrate, Thalassery and sent for investigation under Section 156(3) of Code of Criminal Procedure. On going through Annexure-A1 complaint I do not find any reason to quash the complaint as sought for. Learned counsel then submitted that even though there is no specific case as against second petitioner, first petitioner was granted anticipatory bail by Annexure-A3 order without a condition that he shall appear before the investigating officer on any particular day and when anticipatory bail was granted to second petitioner there is a direction to appear before the investigating officer once in a week till the final report is filed and in the nature of the case, it is unnecessary. 4. On hearing the learned counsel and learned Public Prosecutor, it is seen that Annexure-A4 order was passed as early as in 9/10/2009. In such circumstances, I do not find that it is just or proper to continue the condition directing second petitioner to appear before the investigating officer once in Crmc 3590/09 3 every week till a final report is filed. Said condition is modified providing that petitioner need appear before the investigating officer only as and required. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.