IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 Crl.MC.No. 728 of 2011() ------------------------ CRMP.121/2011 of SESSIONS COURT, KOLLAM IN CRIME NO.1140 OF 2010 OF OACHIRA POLICE STATION .................... PETITIONER(S): --------------- MEENAKSHI AMMA , D/O.LEKSHMI,AGED 50 YEARS, GIREESH BHAVANAM, MADATHIKARAZHMA MURI, OACHIRA VILLAGE. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, OACHIRA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P. SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ Crl.M.C. No.728 of 2011 ~~~~~~~~~~~~~~~~~ Dated this the 16th day of March 2011 O R D E R Petitioner is the 2nd accused in Crime No.1140 of 2010 of Oachira Police Station for the offences punishable under Sections 323 and 498A r/w Section 34 of the Indian Penal Code. Petitioner is the mother-in-law of the de facto complainant and mother of the first accused. Learned Sessions Judge, Kollam as per Annexure-1 order dated January 18, 2011 on Crl.M.P.No.121 of 2011 granted anticipatory bail to the petitioner and directed her to appear before the Investigating Officer on 25.1.2011 in between 9 A.M. and 11 A.M. Petitioner, instead of appearing before the Investigating Officer claims to have appeared before the Magistrate. Realising the mistake, petitioner filed Crl.M.P.No.510 of 2011 before the Sessions Judge to modify the condition and extend time for Crl.M.C. No.728 of 2011 -: 2 :- appearance. That petition was dismissed as per Annexure-3 order. That order is under challenge. The learned counsel submitted that by an oversight, instead of appearing before the Investigating Officer, petitioner appeared before learned Magistrate on 25.1.2011. 2. I have heard the learned Public Prosecutor also. Having regard to the circumstances, I am inclined to grant time to the petitioner as requested. Resultantly, Annexure-3 order is set aside and Crl.M.P.No.510 of 2011 will stand allowed. The condition regarding date for appearance is modified. Petitioner is directed to appear before the Investigating Officer on 30.3.2011 between 9 A.M. and 10 A.M. Other directions contained in Annexure-1 order dated January 18, 2011 on Crl.M.P.No.121 of 2011 will remain in force. THOMAS P. JOSEPH, JUDGE. Jvt