IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Crl.MC.No. 1375 of 2009() ------------------------- CRIME NO.74 OF 2009 OF VATTIYOORKAVU POLICE STATION PENDING BEFORE JFMC II, NEYYATTINKARA. .................... PETITIONER(S): PETITIONER ------------------ PETER JOHN, S/O.LATE JOHN, AGED 38, R/A NO.006, GOLD STRIK, SUNCITY, SARJAPURA RING ROAD, IBBLUR, BANGALORE-34. BY ADV. SRI.R.T.PRADEEP SRI.VAZHUTHACAD R.NARENDRAN NAIR RESPONDENT(S): CR.PETITIONER -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/04/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS.P. JOSEPH, J. ------------------------------- Crl.M.C.No.1375 of 2009 ------------------------------- Dated this the 21st April, 2009 O R D E R Heard learned counsel for petitioner and learned Public Prosecutor. 2. Petitioner is the accused in Crime No.74 of 2009 of Vattiyoorkavu Police Station, for the offence punishable under Section 498 A of Indian Penal Code (for short 'the Code'). The case was registered on a private complaint preferred by his wife and forwarded to the police for investigation under Section 156 (3) of Code of Criminal Procedure. 3. Petitioner was granted an order under Section 438 of Code of Criminal Procedure by learned Additional Sessions Judge-I, Thiruvananthapuram as per Annexure-II order imposing certain conditions which included that petitioner shall not leave the jurisdiction of Sessions Court without permission and shall report to the Vattiyoorkavu police on all Thursday between 8 am Crl.M.C.No.1375 of 2009 2 and 10 am till the submission of the final report. Learned counsel for the petitioner submits that since petitioner is working at Bangalore, it may not be possible for him to comply with the conditions, as it involved much expense and affected his job also. 4. In the facts and circumstances stated above, I am inclined to think that the said conditions can be deleted, directing the petitioner to report to the police as and when required for investigation. In the result, this petition is disposed of modifying the conditions imposed by learned Additional Sessions Judge-I, Thiruvananthapuram, as per Annexure II order, in the following lines:- i) Petitioner is permitted to go to Bangalore in connection with his employment and be there. ii) Petitioner shall however report to the Vattiyoorkavu police as and when required for investigation. Crl.M.C.No.1375 of 2009 3 iii) Petitioner shall not go beyond the States of Kerala and Karnataka until the submission of the final report. All other conditions imposed by learned Additional Sessions Judge will remain in force as directed in Annexure-II order. THOMAS P.JOSEPH, JUDGE. nj.