IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 Crl.MC.No. 3811 of 2010() ------------------------ CC.385/2010 OF JUDL. FIRST CLASS MAGISTRATE COURT-I, MUVATTUPUZHA CRIME NO. 103/2010 OF KALLORKAD POLICE STATION, ERNAKULAM ............... PETITIONER / ACCUSED : ---------------------------------- NASSAR, AGED 45 YEARS, S/O.KUNJUMOIDEEN, KALNADAN HOUSE, KURUMBILANGAD, NILAMBOOR TALUK. BY ADV. SRI. K.SHAJ RESPONDENT / STATE : -------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3811 OF 2010 --------------------------------------------- Dated 15th September, 2010 O R D E R By Annexure-A1 order learned Sessions Judge, Ernakulam granted bail to the petitioner on conditions. Offences alleged are under Sections 406, 419 and 420 of Indian Penal Code. One of the conditions was that petitioner shall appear before the Sub Inspector of Police, Kallorkad Police Station between 9 and 11 a.m on all Mondays and Thursdays. Petition is filed under Section 482 of Code of Criminal Procedure to delete that condition contending that final report has already been submitted and taken cognizance and therefore, it is not necessary to continue the said condition. Crmc 3811/10 2 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-A2 final report shows that Sub Inspector of Police had already laid charge before Judicial First Class Magistrate's Court-I, Muvattupuzha and cognizance has been taken for the offences under Sections 406, 419 and 420 of Indian Penal Code. The condition directing the petitioner to appear before the Investigating Officer was passed at a time when investigation was pending. When the investigation is over and a final report was submitted and offences were taken cognizance by the learned Magistrate as C.C.385/2010, it is not in the interest of justice to continue the said condition as no purpose will be served by the petitioner appearing before the Crmc 3811/10 3 Investigating Officer twice in a week as directed in Annexure-A1 order. Petition is allowed. Condition directing the petitioner to appear before the Sub Inspector of police in Annexure-A1 order is deleted. M.SASIDHARAN NAMBIAR, JUDGE. uj.