IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 Crl.MC.No. 3176 of 2008() ------------------------- AGAINST THE ORDER IN CMP 270/2008 IN SC.555/2003 OF THE SPECIAL ADDITIONAL SESSIONS JUDGE (MARAD CASES) KOZHIKODE .................... PETITIONER/A67: ------------------------- NOUSHA, S/O. RAZAK, KUTTICHANTTEKATHE VEEDU, MARAD. BY ADV. SRI.P.K.VARGHESE SMT.S.SULOCHANA SMT.V.JISHA RANI SRI.N.K.SHYJU RESPONDENT: -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY D.G.P. SRI. P.G. THAMBI & PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3176 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of August, 2008 O R D E R The petitioner, who is the 67th accused in S.C. 55 of 2003 pending before the Special Additional Sessions Court (Marad cases), Kozhikode and who has been granted bail subject to conditions, now prays that he may be permitted to attend the marriage of his only sister, which is to take place on 22.8.2008. The short prayer is that notwithstanding the conditions imposed on him, the petitioner may be permitted to attend that marriage between 11 a.m. and 3 p.m. at the venue at Crescent Hall, Meenchanda, Kozhikode. 2. The application is opposed by the prosecution and the learned Magistrate by a detailed order, which is impugned in this Crl.M.C., had rejected such application. 3. When the matter came up for hearing on 20.8.2008, the learned D.G.P. was requested to take instructions from the superior police officials and today when the matter came up for Crl.M.C.No. 3176 of 2008 2 hearing, the learned D.G.P. fairly submits that the police shall make necessary arrangements for the surveillance and the conditions can be kept in abeyance to facilitate the petitioner attending the marriage between 11 a.m. and 3 p.m. on 22.8.2008 at the said venue, i.e. Crescent Hall, Meenchanda, Kozhikode. 4. This Crl.M.C. is accordingly allowed. The impugned order is set aside. The petitioner is permitted to attend the wedding of his sister at Crescent Hall, Meenchanda, Kozhikode between 11 a.m. and 3 p.m. on 22.8.2008. All other conditions shall remain in force. (R. BASANT) Judge tm