IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 Crl.MC.No. 1723 of 2009 ------------------------------ CRIME NO.160/07 OF CHANDERA POLICE STATION IN (CRIME NO.179/CR/KNR/2007 OF CBCID KSARAGOD) CRMP.1717/2008 of SESSIONS COURT, KASARAGOD .................... PETITIONER(S): ACCUSED NO.2 --------------------------------------------- K.RAJAN,AGED 37,S/O.LATE AMBU, RESIDING AT KAVUMCHIRE, PUTHIYAKANDAM VEEDU, CHERUVATHUR VILLAGE, HOSDURG TALUK. BY ADV. MR.VIVEK VARGHESE P.J. MR.P.J.VINOD JOSEPH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP.BY SHO,CHANDERA POLICE STATION. 2. DETECTIVE INSPECTOR, CRIME BRANCH,C.I.D., KASARGOD. BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1723 of 2009 ================== Dated this the 29th day of May, 2009. O R D E R Petitioner is 2nd accused in Crime No.160/2007 of Chandera Police Station. Prosecution case is that accused committed offences under Section 302 and 201 read with Section 34 of Indian Penal Code. Petitioner was granted bail in Crl.M.P.No.1717/2008 on conditions. Condition No.4 was a direction to appear before the investigating officer on every Tuesday and Saturday. Condition No.5 was not to enter within the jurisdiction of Chandera Police Station. Petitioner thereafter filed Crl.M.P.No.490/2009 to lift both the conditions. Under Annexure B order dated 7-3-2009 prayer to lift condition No.5 was rejected. Petitioner filed Crl.M.C.No.1262/2009 before this Court to lift both the conditions. As per Annexure C order dated 8-4-2009, accepting submission of the Public Prosecutor, this Court found that the situation does not permit lifting of conditions and when situation improves petitioner is entitled to move the Crl.M.C.No.1723/2009 -2- Sessions Judge for relaxation of the conditions. Condition No.4 was modified with a direction to appear before the investigating officer on the first Tuesday of every month until further orders. This petition is filed to lift condition No.5 as well as modified condition No.4 contending that in Crl.M.P.No.2102/2008 Sessions Judge had already lifted condition No.4. But by an inadvertent omission it was again sought to be lifted in Crl.M.C.No.1262/2009, which was unnecessary. Petitioner has not produced the order in Crl.M.P.No.2102/2008. If the condition is lifted as claimed by the petitioner by the Sessions Judge, he is at liberty to approach the learned Sessions Judge for clarification and Annexure C order will not stand in the way of the Sessions Judge making necessary clarification. Condition No.5 cannot be lifted as sought for, as the petitioner was already granted opportunity to move the Sessions Judge for relaxation when the situation improves. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr