IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 29TH APRIL 2011 / 9TH VAISAKHA 1933 CRL.MC.NO. 1321 OF 2011() ----------------------------------------- CRMP.110/2011 OF SESSIONS COURT, PATHANAMTHITTA .................... PETITIONER(S): PETITIONER/ACCUSED. --------------------------------------------------------- SASIKUMAR, AGED 49 YEARS, S/O. GOPALAN, ANANDABHAVANAM, AZHAMTHALA, THANNITHODE VILLAGE, KOZENCHERRY TALUK PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENT(S): RESPONDENTS. --------------------------------------------------- 1. THE EXCISE INSPECTOR, KONNI EXCISE RANGE. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No. 1321 of 2011 ==================================== Dated this the 29th day of April, 2011 O R D E R Petitioner is accused in O.R. No.1 of 2011 of Konni Excise Range for offence punishable under Section 55(g) of the Abkari Act. Learned Sessions Judge, Pathanamthitta granted petitioner bail but on condition that he shall report to the Investigating Officer on all Saturdays and Tuesdays between 10.00 a.m and 12 noon for a period of three months from 09.02.2011 or till filing of final report whichever is earlier. Grievance of petitioner is that since he had preferred complaints against the Investigating Officer to various authorities he is being harassed by the Investigating Officer on appearance before the said Officer. It is stated that on 09.03.2011 petitioner was detained from 9.00 a.m to 4.00 pm in the office of the said Officer. Petitioner filed Crl.M.P. No.283 of 2011 for modification of said condition. But the learned Sessions Judge considering the objection of the Investigating Officer dismissed that petition. Hence this petition. Learned counsel submits that petitioner is prepared to appear before Circle Inspector of Excise, Pathanamthitta on the dates directed in CRL.M.C. No.1321 of 2011 -: 2 :- Annexure-1, order dated 05.02.2011. I have heard learned Public Prosecutor also. 2. I am not going into the correctness of allegations made by petitioner. Having regard to the circumstances stated, I consider it sufficient to direct petitioner to appear before the Circle Inspector of Excise, Pathanamthitta on the dates directed by the learned Sessions Judge in Annexure-1, order dated 05.02.2011. At the same time he has also to report to the Investigating Officer as and when required by that Officer in connection with investigation of the case. Resultantly, Criminal Miscellaneous Case is allowed. Annexure-2, order dated 18.04.2011 on Crl. M.P. No.283 of 2011 (O.R. No.1 of 2011 of Konni Excise Range) is set aside and that petition is allowed in part in the following lines: (i) Condition No.2 in Annexure-1, order dated 05.02.2011 on Crl. M.P.No.110 of 2011 is modified to the extent that instead of appearing before the Investigating Officer, petitioner shall report to the Circle Inspector of Excise, CRL.M.C. No.1321 of 2011 -: 3 :- Pathanamthitta on the dates directed in Annexure-1, order for the period referred to therein. (ii) Petitioner shall report to the Investigating Officer as and when required by that Officer in connection with investigation of the case. (iii) This order shall take effect from 30.04.2011. THOMAS P. JOSEPH, JUDGE. vsv