IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 Crl.MC.No. 1643 of 2011() ------------------------ CRIME NO. 1282 /2010 OF PATHANAMTHITTA POLICE STATION ................ PETITIONER / ACCUSED 3 & 4 : --------------------------------------------- 1. SANU THOMAS, AGED 39, S/O. LATE R.THOMAS, NEDUVALLIAL HOUSE, CHANDANAPALLI P.O., PATHANAMTHITTA. 2. BINU, AGED 38, S/O. KOSHY, PUTHANCAVIL HOUSE, THENGUKAVU P.O., PATHANAMTHITTA. BY ADV. SRI.VETTATH EAPEN MATHAI RESPONDENT(S): ------------------------- 1. THE STATION HOUSE OFFICER, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA – 688 081. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031. R1 & R2 BY PUBLIC PROSECUTOR SRI. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1643 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - I : COPY OF THE ENTRY VISA TO SINGAPORE. ANNEXURE - II : COPY OF THE E-MAIL LETTER. ANNEXURE - III : COPY OF THE JOB VACANCY. ANNEXURE - IV : COPY OF THE ORDER DATED 4.12.2010 IN CRL.M.P.NO. 4209/10. ANNEXURE - V : COPY OF THE F.I.R. ANNEXURE - VI : COPY OF THE COMPLAINT DATED 26.5.2011. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1643 of 2011 --------------------------------------- Dated this 16th day of June, 2011 ORDER Petitioners are accused 3 and 4 in Crime No.1282 of 2010 of Pathanamthitta Police Station for offence punishable under Sec.420 r/w Sec.34 of the Indian Penal Code and Secs.10 and 24 of the Immigration Act. Learned Chief Judicial Magistrate, Pathanamthitta granted bail to the petitioners on December 4, 2010 subject to conditions which included that they shall report before the investigating officer on all Thursdays. Petitioners say that they have been appearing before the Investigating Officer for more than 27 times during the last six months. Petitioners further say that the said condition is causing much difficulties to them. Learned counsel submitted that the mother of first petitioner is to be taken to a hospital at Ernakulam for treatment. Learned Public Prosecutor has submitted that pursuant to the request made by the Action Counsel to the Government, a detailed investigation has been ordered and a special team headed by the Inspector General of Police, South Zone has been constituted for investigation into the matter. It is submitted by learned Public Prosecutor that the special team requires to interrogate petitioners. Crl.M.C.No.1643 of 2011 -: 2 :- 2. If the special team has taken up the investigation and it wants to interrogate petitioners it is open to them to direct petitioners to report before such officer, as and when required for interrogation. Having regard to the circumstances stated I am inclined to think that the condition could be modified requiring petitioners to report to the investigating officer on all alternate Thursdays. This criminal miscellaneous case is allowed to the extent that condition imposed by the learned Chief Judicial Magistrate, Pathanamthitta while granting bail directing petitioners to report to the investigating officer on all Thursdays is modified to the extent that petitioner need report to the investigating officer only on alternate Thursdays. It is also directed that petitioners shall report to the officer investigating the case as and when required for interrogation. I make it clear that this order will not stand in the way of special team requiring presence of petitioners for interrogation if found necessary. The police shall ensure that petitioners are not harassed by anybody while they report to the police either for interrogation or as directed in this order. If any further modification of the conditions is required, petitioners may move the learned Chief Judicial Magistrate, Pathanamthitta. (THOMAS P JOSEPH, JUDGE) Sbna/-