IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 Crl.MC.No. 2332 of 2008() ------------------------- CRIME NO.738/2005 OF FORT POLICE STATION PENDING BEFORE THE J.M.F.C-II, THIRUVANANTHAPURAM .................... PETITIONER: 2ND ACCUSED ------------ MOHAMMED ALI , S/O. E.P.KUNJU KANNAN PHIMIX BAG.PORT BLAIR, ANDAMAN & NICHOBAR ISLANDS. BY ADV. SRI.G.SUDHEER RESPONDENTS: COMPLAINANT ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2332 of 2008 ------------------------------------- Dated this the 24th day of June, 2008 ORDER Petitioner is the 2nd accused and he faces allegations in a crime registered, inter alia, under Section 302 r/w 34 I.P.C. He was arrested and enlarged on bail earlier subject to conditions. One of the conditions is that the petitioner should not leave the Sessions Division of Trivandrum without prior permission of the court. The petitioner was a student at the relevant time. The petitioner has been compelled to remain in Trivandrum from 18.04.06 in connection with the case. The petitioner's mother is seriously ill. He wanted to visit his ailing mother and as per order dated 05.11.07 in Crl.M.C.3195 of 2007 the condition that he should not leave the Trivandrum was relaxed for a certain period of time. 2. The petitioner had complied with all the conditions imposed as per the said order. 3. The petitioner now wants the said condition to be relaxed for a further period of time to enable him to proceed to the Andaman Islands and take his mother to Chennai to ensure Crl.M.C. No.2332 of 2008 2 that she gets proper treatment there. It is hence prayed that the said condition may be modified subject to any appropriate safeguards. 4. The application is opposed by the learned Public Prosecutor. The learned Public Prosecutor submits that if the petitioner were allowed to leave Trivandrum, he may not be available for trial thereafter. The petitioner is not co-operating with the investigators. He has not revealed all the true facts when he was interrogated by the police. He has refused to take polygraph test also. In these circumstances it is prayed that the condition may not now be further relaxed. 5. I have considered all the relevant inputs. Having considered all the relevant circumstances, I am satisfied that there is no reason to apprehend that the petitioner, who has complied with the directions in the order dated 05.11.07, shall not comply with the conditions and directions now. In the facts and circumstances of the case, I am satisfied that the condition can be relaxed for a period of one month. 6. In the result : i) This Crl.M.C is allowed; Crl.M.C. No.2332 of 2008 3 ii) The condition imposed on the petitioner that he should not leave the Sessions Division of Trivandrum shall stand suspended from 30.06.08 to 30.07.08. The petitioner shall keep the Investigating Officer informed of his movements on every Monday by registered letter. His movements can be so tracked by the Investigating Officer if there is any apprehension of his absconding. iii) The petitioner shall continue to comply with the conditions w.e.f 31.07.08. (R.BASANT, JUDGE) rtr/-