IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 Crl.MC.No. 4209 of 2008() ------------------------- AGAINST THE ORDER DATED 13/10/2008 IN CRMP. 3799 /2008 IN CRMP.4266/2008 of SESSIONS COURT, THODUPUZHA .................... PETITIONER(S): --------------- SANAL KUMAR, S/O.NARAYANAN AGED 34, NELLIKUNNEL HOUSE, VANNAPURAM, THODUPUZHA. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): --------------- 1. STATE OF KEALA, REP. BY DIECTOR GENERAL OF PROSECUTIONS, HIGH COURT OF KERALA ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE THODUPUZHA. 3. DETECTIVE INSPECTOR, CBCID SIU II, ERNAKULAM. ADV. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4209 of 2008 ---------------------------------------- Dated this the 11th day of November 2008 O R D E R The petitioner, who faces allegations in a crime registered alleging offences punishable inter alia under Section 489(B) and 489(C) I.P.C was enlarged on bail as per order dated 19/6/2008 by the learned Sessions Judge, Thodupuzha subject to conditions. Inter alia a condition was imposed that the petitioner must make himself available for interrogation before the investigating officer on all Mondays and Thursdays between 10 a.m and 11 a.m till the final report is filed. The petitioner later applied for modification of the conditions and the learned Sessions Judge by the impugned order dated 05/09/2008 modified the conditions and directed that the petitioner need appear only on all Mondays. The said condition is still in force. The petitioner has come to this court now with the prayer that the conditions deserve just modification. He prays that he may be permitted to appear before any police official at Thodupuzha and may not be obliged to report before the CBCID, Counterfeit squad, Ernakulam which is now investigating the crime. He has a Crl.M.C.No.4209/08 2 further grievance about the manner in which he was treated when he had appeared before the investigating officer on earlier occasions. The learned counsel for the petitioner, in these circumstances, prays that the condition may be deleted altogether. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor opposes the application and submits that the investigation is not complete yet. The investigating officer wants to interrogate the petitioner. The petitioner is not complying with the modified condition imposed and he is not appearing before the investigating officer. The investigating officer, in these circumstances, has been compelled to complain to the learned Sessions Judge of non-compliance with the conditions and the said application is now pending before the learned Sessions Judge. That application was filed on 05/11/2008 and this Crl.M.C has been filed on 23/10/2008. 3. I need only mention that I am not persuaded to agree that the condition imposed deserves any further modification now. The learned Sessions Judge shall, of course, consider the complaint of the investigating officer that the petitioner has not Crl.M.C.No.4209/08 3 been appearing promptly before the investigating officer in obedience with the condition. If the petitioner has any specific complaint in future of any improper treatment against him while he appears before the investigating officer, he shall, of course, be entitled to complain specifically of any such improper treatment before the learned Sessions Judge who had imposed the conditions and the learned Sessions Judge must pass appropriate orders on such application. It shall be zealously ensured by the learned Sessions Judge that the petitioner who appears before the Investigating Officer as directed by the learned Sessions Judge is not forced to suffer any harassment or indignity. It is made clear that the petitioner shall make himself available for interrogation between 10 a.m and 11 a.m on all Mondays as already directed in the order dated 05/09/2008. (R.BASANT, JUDGE) jsr Crl.M.C.No.4209/08 4 Crl.M.C.No.4209/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008