IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 Crl.MC.No. 675 of 2009() --------------------------------- (AGAINST THE ORDER DATED 28/08/2008 IN B.A. NO.5341/2008 IN CRIME NO.175/2006 OF KANNUR CITY POLICE STATION. ) PETITIONER/COMPLAINANT: --------------------------------------- STATE OF KERALA. SRI. AMJAD ALI, PUBLIC PROSECUTOR RESPONDENT/ACCUSED: ----------------------------------- ABDUL HALIM, S/O.LATE USMAN, RESIDING AT THAYAKATHU HOUSE, VAZHAKKATHERU, KANNUR CITY.PO KANNUR DISTRICT. ADV. SRI.M.RAMESH CHANDER THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------- Crl. M.C. No.675 of 2009 ------------------------------------ Dated this the 15th day of July, 2009 O R D E R The petitioner, the 6th accused in Crime 175/2006 of Kannur City Police Station was granted bail under Annexure A order dated 28/08/2008. One of the condition was that the petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday between 6 P.M. and 8 P.M. until further orders. Alleging that petitioner did not appear as directed, this petition is filed to cancel the bail. Counter affidavit is filed by the respondent stating that there was no failure to comply with the directions and he is prepared to abide by the conditions. When the petitioner appeared on 29/06/2009, Public Prosecutor was directed to get report from the investigating officer whether petitioner appeared atleast after the filing of the petition. 2. The learned Public Prosecutor submitted that 1/07/2009 onwards, petitioner is appearing regularly. In the counter affidavit, respondent stated that S.C. No.764/2008, in which he is an accused, is posted for day to day trial from 15/07/2009 onwards and when petitioner is appearing before the Crl. M.C. No.675 / 2009 Page numbers Sessions Court, he may not be in a position to appear before the investigating officer as directed. But it is seen that the direction was to appear before the Investigating Officer only between 6 P.M and 8 P.M., after court hours and the court is only less than 30 kilometers away from the police station. Hence, it cannot be said that condition cannot be complied. In the light of the counter affidavit filed by the respondent, I do not find any reason to cancel the bail as sought for. The investigating officer is at liberty to move afresh if there is further violations of the conditions. M. SASIDHARAN NAMBIAR JUDGE scm