IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 Crl.MC.No. 1349 of 2005() ------------------------- CRIME NO.69/02 OF KOVALAM POLICE STATION PETITIONER(S): PETITIONER ------------------------- SOBHI ALIAS GOPI, S/O. POULOSE, HOUSE NO.305, NELLAKANTA COLONY, VIZHINJAM VILLAGE, KOVALAM, THIRUVANANTHAPURAM. BY ADV. SRI.V.S.BABU GIREESAN RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA REPRESENED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VIZHINJAM, POLICE STATION, VIZHINJAM, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.P.P.VINOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 8.9.2009 , THE COURT ON 08/09/2009 PASSED THE FOLLOWING: K. HEMA, J. ```````````````````````````````````````````````````` Crl. M.C. No. 1349 OF 2005 C ```````````````````````````````````````````````````` Dated this the 8th day of September, 2009 O R D E R Petitioner is an accused in crime No.69/2002 of Kovalam Police Station and he was released on bail as per order dated 3.7.2002 in Crl. M.C. No.1589/2002. Thereafter, the trial court issued a notice to the petitioner on 16.4.2005 (vide Annexure-A4) directing him to appear before the Court on 22.4.2005 since his presence is required for conducting DNA test. This petition is filed for quashing Annexure-A4 notice. 2. According to petitioner, Annexure-A4 notice is illegal and without jurisdiction and it is liable to be quashed. The ground raised in this petition is that bail was granted without any condition and that too, after being satisfied that investigation is completed and, therefore, Annexure-A4 is illegal. 3. There is no representation for the petitioner. I have perused the documents produced. A perusal of Annexure-A3 would show that petitioner was granted bail without any condition. The Court, while granting bail, was satisfied that the investigation was more or less completed. That does not mean that the Crl.M.C.1349/05 : 2 : investigation was completed as on the date on which the bail order was passed. Once a person is released on bail, the Court can at any time direct such person to be present in Court since as per the terms of the bond which he has executed he is under an obligation to be present in the Court as and when directed. All what is done in Annexure-A4 is to make such a direction. It cannot be said to be illegal. I do not find any ground to interfere with the said order. 4. However, it is mentioned in Annexure-A4 notice that petitioner's presence would be required for conducting DNA test. No ground is raised that conduct of DNA test is illegal or that the petitioner has any objection in doing such test. Ofcourse, if he has any objection, he will be at liberty to do so, when he is actually called upon to undergo DNA test. But, as per Annexure-A4, petitioner was only directed to appear before the Court on 22.4.2005 and he has not complied with the said order. Therefore, the petitioner is directed to appear before the trial court on 24.9.2009. This petition is dismissed. Sd/- (K. HEMA, JUDGE) aks