IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Crl.MC.No. 147 of 2009() ------------------------ CRMC.NO.2095 OF 2008 OF SESSIONS COURT, TRIVANDRUM CRIME NO.396/2008 OF SREEKARYAM POLICE STATION .................... PETITIONER(S): ACCUSED ---------------------- KRISHNANKUTTY NAIR, AGED 59 YEARS, S/O. SIVARAMAN PILLAI, KRISHNA BHAVAN, PRASANTH NAGAR, MEDICAL COLLEGE P.O., TRIVANDRUM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.147 of 2009 ------------------------------------- Dated this the 20th day of January, 2009 ORDER Petitioner faces indictment in a prosecution under Section 306 I.P.C. He is alleged to have abetted the commission of suicide by his wife. He had 2 children - both girls. One of the daughters had earlier committed suicide. The petitioner was arrested on 15.11.08. He was enlarged on bail subject to conditions as per order dated 02.12.2008. Th petitioner prayed that condition No.4 obliging him not to enter the jurisdiction of Sreekaryam Police Station may be modified. The learned Sessions Judge did not accept the said request. The petitioner has come before this Court complaining about the refusal by the learned Sessions Judge to modify the said condition. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor after taking instructions vehemently opposes the application. The learned Public Prosecutor submits that there is a perception among the members of the local community that the petitioner has been cruel and harsh to his wife and children and that has resulted in Crl.M.C. No.147 of 2009 2 the commission of suicide by his one daughter earlier and the wife now. The learned Public Prosecutor submits that the local people did not even permit the petitioner to take part in the cremation of his wife and the police apprehend law and order situation if the petitioner were permitted to enter the jurisdiction of Sreekaryam Police Station. At any rate, the said condition may not be modified or lifted now, prays the learned Public Prosecutor. 3. I have considered all the relevant circumstances. I find merit in the opposition by the learned Public Prosecutor. I take note that the condition was imposed only on 02.12.08. I am satisfied that there is merit in the submission of the learned Public Prosecutor that the condition must be permitted to remain in force for some more time. 4. This Crl.M.C is, in these circumstances, dismissed. (R.BASANT, JUDGE) rtr/-