IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Crl.MC.No. 3773 of 2009() ------------------------------------ CRMP.2636/2009 IN CRMC.430/2009 OF SESSIONS COURT, THIRUVANANTHAPURAM. CRIME NO.374/2008 OF KAZHAKKOOTTAM POLICE STATION. .................... PETITIONER/ACCUSED: ---------------------------------- BIBIN, S/O. BABYCHAN, THYVLLAKOM HOUSE, PALITHURA, ATTIPRA VILLAGE, THIRUVANANTHAPURAM. BY ADV. MR.RAJIT MR.P.ANOOP (MULAVANA) RESPONDENT/STATE & DEFACTO COMPLAINANT: ------------------------------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3773 OF 2009 =========================== Dated this the 10th day of December,2009 ORDER Petitioner is accused No.87 in Crime No.374/2008 of Kazhakkoottam Police Station. In Crl.M.C.430/2009 Sessions Judge, Thiruvananthapuram granted bail to the petitioner on conditions. Condition No.5 was that “he shall not leave Thiruvananthapuram District without getting prior permission either from Judicial First Class Magistrate Court-II, Attingal or from the court to which the case will be committed for trial, till disposal of the case.” Petitioner filed C.M.P.3653/2009 before Judicial First Class Magistrate Court-II, Attingal to lift the said condition. By Annexure A1 order, learned Magistrate refused to lift the condition. Petitioner filed Crl.M.P.2636/2009 before Sessions Court, Thiruvananthapuram for the same relief. By Annexure B order the petition was dismissed. This petition is filed under section 482 of the Code of Criminal Procedure to quash Annexure A1 and B1 orders and to modify the condition restricting petitioner from leaving Thiruvananthapuram District without the Crl.M.C.3773/2009 2 permission of the Magistrate. 2. Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. 3. The case is being investigated for the offence under sections 143, 147,148,149, 452,435,and 395 read with section 149 of Indian Penal Code ans Section 3 and 5 of the Explosive Substance Act. The allegation against the accused is that they committed arson and robbery using explosive substance in Ashapuram Clay Factory at Kazhakuttom. I do not find any reason, why there should be a condition that petitioner shall not leave Thiruvananthapuram and what could be gained by such a condition. If the apprehension of the prosecution is that there is likelihood of the petitioner committing similar offences or any other mischief to the Clay Factory the condition should have been that petitioner shall not enter that premises and not a direction that petitioner shall not leave Thiruvananthapuram District. It does not appear to be conducive for either proper investigation or preventing recurrence of any commission of offence. In such circumstance, I find no necessity to retain the said condition. 4. The condition No.5 directing the petitioner to obtain permission of the Magistrate before leaving Crl.M.C.3773/2009 3 Thiruvananthapuram District is therefore quashed. But it is made clear that petitioner shall not leave India without the previous permission of the Magistrate. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006