IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Crl.MC.No. 1192 of 2011() ------------------------- MP.1174/2011 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE CRIME NO.298/2010 OF BEYPORE POLICESTATION .................... PETITIONER(S): --------------- SALI HUSSAIN, S/O.SAYED POO T.P., AGED 34 YEARS, KUNHALI HOUSE, ANDROTH ISLAND, LAKSHWADEEP. BY ADV. SRI.SABU THOZHUPPADAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, BEYPORE POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1192 of 2011 --------------------------------------- Dated this 12th day of April, 2011 ORDER Petitioner is accused in Crime No.298 of 2010 of Beypore Police Station for offence punishable under Sec.55(a) of the Abkari Act for (alleged) unauthorised possession of six litres of Indian Made Foreign Liquor. Petitioner is a native of Androth, in Lakshadweep Island. Learned Judicial First Class Magistrate-V, Kozhikode granted petitioner bail on 03.11.2010 subject to conditions which included that petitioner shall report to the Investigating Officer as directed in Annexure-IV, order. Later, petitioner filed M.P.No.1174 of 2011 requesting to lift the condition to report before the Investigating Officer stating that since petitioner is working in the Merchant Navy he finds it difficult to appear before the Investigating Officer as aforesaid. The condition was modified by directing petitioner to report before the Investigating Officer once in three months. Petitioner is still aggrieved and has filed this criminal miscellaneous case to lift the condition. It is stated that on account of the condition petitioner is not even getting employment in the Merchant Navy. I have heard learned Public Prosecutor also. 2 2. The alleged seizure was on 16.09.2010 and the learned Magistrate granted petitioner bail on 03.11.2010. Having regard to the fact that petitioner is working in Merchant Navy, it may be difficult for him to report to the Investigating Officer every now and then. Considering that, and the submission of learned counsel that petitioner is not getting employment also in view of the said condition I am inclined to lift the condition requiring petitioner to report to the Investigating Officer. But he is required to report to the Investigating Officer as and when required for interrogation on notice being served on him. Resultantly this criminal miscellaneous case is allowed. The condition imposed on petitioner to report before the Investigating Officer once in three months is lifted with effect from this day. It is directed that petitioner shall report to the Investigating Officer as and when required by him in connection with investigation and on being served with notice in his last known address. (THOMAS P JOSEPH, JUDGE) Sbna/-