IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Crl.MC.No. 3684 of 2008() ------------------------- CRIME NO. 102/02 OF THIRURANGADI POLICE STATION CRMP.1325/2008 OF SESSIONS COURT, MANJERI .................... PETITIONER(S): ACCUSED NO.1 --------------------------- K.J. JOY @ VEERAPPAN JOY, S/O. JOHNY, KATTILAPEEDIKA HOUSE, CHENGALOOR.P.O, PUTHUKKAD, THRISSUR DISTRICT, PUTHUKKAD POLICE STATION LIMITS. BY ADV. SRI.A.C.DEVY RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3684 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2008 O R D E R The petitioner is the first accused in a crime registered under Section 394 I.P.C. The petitioner was enlarged on bail as per order dt. 12.12.2007. The release was subject to conditions. There was a condition that the petitioner must appear before the Investigating Officer on the last Saturday of every English calender month between 10 a.m. and 2 p.m. The petitioner applied for deletion of the said condition. The learned Sessions Judge by the impugned order rejected that prayer in the wake of opposition by the learned Prosecutor and issued directions modifying the said condition. 2. The learned counsel for the petitioner submits that the conditions are no more necessary. He was released on bail on 12.12.2007. For a long period he was appearing before the Investigating Officer on every alternate day. Considering the lapse of time, the condition obliging him to appear before the Investigating Officer may now be deleted altogether, it is prayed. Crl.M.C.No. 3684 of 2008 2 3. The learned Prosecutor opposes the petition. It is true that the investigation has made progress, but the co-accused have not been arrested yet. The recoveries have not been effected completely. The allegations are serious. The petitioner has questionable culpable antecedents. In these circumstances the direction issued by the learned Sessions Judge that the petitioner must make himself available for interrogation once in two months between 10 a.m. and 2 p.m. may not be deleted, it is prayed. 3. Having considered all the relevant circumstances I am satisfied that there is absolutely no necessity to interfere with the impugned order. The petitioner can be directed to appear once in two months. But I am satisfied that to avoid inconvenience, a day for such appearance specified. 4. This Crl.M.C. is accordingly dismissed. But it is directed that the petitioner shall appear before the Investigating Officer on the first Monday of every alternate English calender month starting from 1.12.2008, between 10 a.m. and 2 p.m. The petitioner shall be at Crl.M.C.No. 3684 of 2008 3 liberty to approach the learned Sessions Judge after lapse of a period of six months for further modification of the condition. (R. BASANT) Judge tm