IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 Crl.MC.No. 5095 of 2010() ------------------------- CMP.10418/2010 IN CRIME NO.117/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PALA .................... PETITIONER(S)/ACCUSED: --------------- 1. SOHAN BANAVATH, S/O.PURUSHOTHAMAN BANAVATH, GAMAPATHI NIVAS, SNAGEETHAVADY, DOMBIVALI WEST, THANA, MAHARASHTRA 2. LEELADHAR S/O.LAKSHMIDAS, ROOM NO-303,3RD FLOOR, JANAKMATRA BUILDING JAIHIND COLONY, GUPOTA ROAD, MAHARASHTRA BY ADV. SRI.P.BABU KUMAR SRI.P.YADHU KUMAR RESPONDENT(S)/COMPLAINANT: --------------- 1. STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. CRIME BRANCH CID, ECONOMIC OFFENCE WING II,KOTTAYAM, PIN-686001 PUBLIC PROSECUTOR SHRI K.J.MOHAMED ANZARI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.5095 of 2010 -------------------------------------- Dated this the 3rd day of January, 2011. ORDER Petitioners who are accused Nos.2 and 3 in Crime No.117 of 2010 of the Kuravilangad Police Station are alleged to have committed offence punishable under Section 420 of the Indian Penal Code (for short, “the Code”). Petitioners were granted bail by the learned Judicial First Class Magistrate, Pala but, subject to condition among other things that they shall report to the Investigating Officer on all Mondays, Wednesdays and Fridays since investigation is not completed and since petitioners are natives of Rajasthan. Petitioners filed C.M.P.No.10418 of 2010 to lift the said condition. That petition was dismissed by the learned Magistrate by Annexure-A4, order dated December 7, 2010 on the ground that the investigation is almost complete and charge sheet will be filed without delay and in the circumstances, modification of the condition is not required. Learned counsel submits that petitioners belong to Rajasthan and they would like to go to their native place. Learned Public Prosecutor submits that petitioners are involved in other cases and that if the condition is modified petitioners may not be available for trial of the case. 2. Petitioners are now on bail and even as per the condition imposed, they need report to the Investigating Officer only on three days in a week. Even as per the impugned order, investigation of the case is almost complete. Having Crl.M.C.No.5095/2010 2 regard to these circumstances I am persuaded to think that though the condition as such cannot be lifted at this stage, it could be modified to the effect that petitioners need report to the Investigating Officer only on alternate Saturdays beginning from 08.01.2011. Resultantly this petition is allowed in part and the condition imposed on petitioners to report to the Investigating Officer on all Mondays, Wednesdays and Fridays is modified. Petitioners need report to the Investigating Officer only on alternate Saturdays beginning from 08.01.2011. The Investigating Officer shall file the final report as early as possible. THOMAS P.JOSEPH, Judge. cks