IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 Crl.MC.No. 1312 of 2011() ------------------------- IN VENGARA POLICE STATION CRIME NO.201 OF 2010 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM. PETITIONER: --------------- SHABEER ALI, S/O.MOHAMMED, EDAKKANGAL HOUSE, ATTEERI, KOTTAKKAL AMSOM,P.O KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENTS: --------------- STATE OF KERALA THROUGH SUB INSPECTOR, VENGARA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,COCHIN-31. PUBLIC PROSECUTOR, SRI. B. VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. --------------------------------- Crl.M.C.No. 1312 OF 2011 ------------------------------------ Dated this the 3rd day of May, 2011 O R D E R ~~~~~~~ In this petition under Section 482 of the Code of Criminal Procedure, the petitioner assails Annexure-C order, whereby the Judicial Magistrate of First Class, Malappuram arrived at a finding on a report filed by the investigating officer that the petitioner had failed to report before the investigating officer as per the conditions stipulated in the order granting bail. According to the learned counsel for the petitioner, the petitioner was suffering from jaundice. So there was failure to comply with the condition. When the matter was appraised to the investigating officer, the investigating officer stated that the petitioner need not appear before him as directed by the Sessions Judge in the order granting bail and there was no wilful laches or violation on the part of the petitioner to comply with the conditions in granting bail. 2. Having heard either side, I fail to find that the petitioner had informed the investigating officer about his Crl.M.C.No.1312/2011 2 ailment. The ailment and the treatment history comes only after the investigating officer filing report before the court intimating non-compliance of the conditions in granting bail. In the above circumstance, I find no error, illegality or any impropriety in the order to be rectified in exercise of the powers vested on this Court under Section 482 of the Code of Criminal Procedure. I find that it would just and appropriate to dispose of the petition with liberty to the petitioner to move afresh for seeking bail and also to defend the proceedings initiated under Section 446 of the Code of Criminal Procedure. 3. In the above circumstance, this petition is disposed of with liberty to the petitioner to apply for fresh bail and to defend the proceedings initiated under Section 446 of the Code of Criminal Procedure. The bail application and the proceedings under Section 446 shall be disposed of by the court without being trammelled by the observations in the order impugned. (P.S.GOPINATHAN, JUDGE) ps