IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 Crl.MC.No. 3172 of 2008() ------------------------- CMP.3277/2008 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE CRIME NO.289 OF 2007 OF FAROOK POLICE STATION, KOZHIKODE .................... PETITIONER: ACCUSED: -------------------- YOUNUS, S/O.AVARAN, VEMBANADU HOUSE, MUTHETTITAZHAM, FAROOK. BY ADV. SRI.P.M.HABEEB RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, FAROOK POLICE STATION, KOZHIKODE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3172 of 2008 ------------------------------------- Dated this the 29th day of August, 2008 ORDER Petitioner faces allegations in a crime registered alleging offences punishable under Section 509 I.P.C and Sections 67 and 68 of the Information Technology Act. The crux of the allegations against the petitioner is that he, who was working as a colleague of the defacto complainant under a private employer, had taken photographs of the defacto complainant and had misutilised them to block the chances of the defacto complainant getting married and also to insult, annoy and defame her. On the complaint of the defacto complainant, the crime was registered. The petitioner came to this Court to claim anticipatory bail. As per directions of this Court, the petitioner surrendered before the learned Magistrate. The learned Magistrate directed release of the petitioner on bail subject to conditions. The conditions imposed include the obligation to surrender the passport, not to leave Kozhikode District without prior permission of the court and to make himself available for interrogation before the Investigating Officer between 9 a.m and 10 a.m on all Mondays and Saturdays until further orders. All Crl.M.C. No.3172 of 2008 2 the conditions have been complied with. The petitioner has been observing the conditions from 09.06.08. Investigation is not complete. The petitioner now wants the conditions imposed to be modified. He moved the learned Magistrate. The learned Magistrate dismissed the application. The petitioner has hence come before this Court. 2. The learned counsel for the petitioner submits that the present conditions imposed on him are fettering his option to work at Madras and earn his livelihood. According to the petitioner, he secured an employment in Madras and the petitioner shall be satisfied if the conditions imposed are appropriately modified to enable him to work and earn his livelihood by residing at Madras. The conditions may suitably be modified, it is submitted. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that it is too early to direct modification of the conditions imposed. 4. I have considered all the relevant circumstances. I am satisfied that subject to appropriate safeguards, conditions imposed can be modified. The petitioner can be permitted to leave Kozhikode District and to proceed to his place of Crl.M.C. No.3172 of 2008 3 employment to work and earn his livelihood. The condition that the petitioner must appear before the Investigating Officer on all Mondays and Saturdays between 9 a.m and 10 a.m can also be suitably modified. The police can be given opportunity to interrogate the petitioner on successive days immediately and thereafter the frequency of such interrogation can be reduced. 5. This Crl.M.C is, in these circumstances, allowed in part. The conditions imposed on the petitioner are modified to the following extent. All other conditions shall remain. i) The petitioner is permitted to leave Kozhikode District to proceed to Madras to work and earn his livelihood. ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 9 a.m and 3 p.m on 03.09.08, 04.09.08, 05.09.08 and 06.09.08. During this period, every endeavour shall be made by the Investigating Officer to complete the investigation. iii) Thereafter the petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 3 p.m on all Sundays following the Second Saturdays until further orders. Hand over a copy of this order to the learned Public Prosecutor. (R.BASANT, JUDGE) rtr/-