IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 Crl.MC.No. 724 of 2011() ---------------------------- CRMC.NO.237/2011 DATED 22/02/2011 SESSIONS COURT, KOZHIKODE) .................... PETITIONER(S):ACCUSED 1 & 2 -------------------------------------- 1. SUNILKUMAR,S/O.LATE RAJAN, AGED 37 YEARS THOTTATHIL HOUSE, PUTTEKKAD P.O.,FEROKE, KOZHIKODE-673631 2. KANCHANA, W/O.RAJAN, THOTTAHTIL HOUSE PUTTEKKAD P.O.,FEROKE,KOZHIKODE-673631 BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH SRI. U.K.JAFAR KHAN RESPONDENT(S):COMPLAINANT -------------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,REPRESENTING THE S.H.O.,FEROKE POLICE STAITON,KOZHIKODE BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.724 of 2011 --------------------------------------- Dated this 09th day of March, 2011 ORDER Petitioners are accused in Crime No.82 of 2011 of Feroke Police Station for offences punishable under Sec.406, 420, 498A r/w Sec.34 of the Penal Code. By Annexure-A, order they obtained anticipatory bail from the learned Sessions Judge, Kozhikode. Learned Sessions Judge imposed conditions including that petitioners shall report to the officer investigating the case on all days between 8a.m and 10a.m for two weeks and thereafter, on all Mondays during the same time till final report is filed. Yet another condition imposed is that petitioners shall not leave the local limits of Feroke Police Station without previous permission of the investigating officer till trial is over. Learned counsel submits that the said conditions cause much inconvenience to the petitioners since first petitioner is working in a college at Shornur, in Palakkad District and second petitioner, his mother, herself a widow is staying with the first petitioner at Shornur. In the circumstance, it is prayed that said conditions may be lifted or modified. I have heard learned Public Prosecutor also. Crl.M.C.No.724 of 2011 -: 2 :- 2. So far as direction for appearance before the investigating officer on all days is concerned, period fixed by the learned Sessions Judge for the said purpose has already run out and no modification is required. What remained is the direction for appearance before the investigating officer on all Mondays and that petitioners shall not leave local limits of Feroke Police Station until trial is over. Having regard to the nature of allegations made against petitioners and inconvenience of petitioners stated by learned counsel I am inclined to lift/modify the said conditions. Resultantly Annexure-A, order dated February 22, 2011 in Crl.M.C.No.237 of 2011 of the Court of learned Sessions Judge, Kozhikode is modified in the following lines: (i) The direction that second petitioner shall report to the investigating officer on all Mondays until final report is filed is lifted. Instead, it is directed that she shall appear before the investigating officer as and when required by a notice under Sec.160 of the Code of Criminal Procedure for the purpose of investigation. (ii) The direction that first petitioner shall report to the investigating officer on all Mondays until final report is filed is modified to the extent that he shall appear before the investigating Crl.M.C.No.724 of 2011 -: 3 :- officer on all second Saturdays between 9a.m and 10a.m until final report is filed and also when he is called upon to appear before the investigating officer in connection with the investigation of the case. (iii) Condition No.5 imposed by Annexure- A, order is modified permitting petitioners to go to and be at Shornur until trial is over. (iv) Other conditions imposed by the learned Sessions Judge will remain in force. (THOMAS P JOSEPH, JUDGE) Sbna/-