IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 Crl.MC.No. 2081 of 2011() ------------------------- CRMP.1989/2011 of SESSIONS COURT, PALAKKAD .................... (CRIME NO.339/2011 OF ALATHUR POLICE STATION,PALAKKAD DISTRICT) ..... PETITIONER(S): ACCUSED NO.1 & 2: ------------------------------------------------------- 1. K.PADMADAS, AGED 50 YEARS, S/O.K.RAGHAVAN, KAYLOTTU VEEDU, OLAVANNA P.O., KOZHIKODE DISTRICT. 2. VIJAYAN V.ANAND, AGED 37 YEARS, S/O.VIJAYANANDAN PILLAI, 'ANANDHA SADAN', DREAM NAGAR, ERIMAYOOR P.O., ALATHUR TALUK, PALAKKAD DISTRICT. BY SRI.C.C.THOMAS, SENIOR ADVOCATE, BY ADV. SRI.M.G.KARTHIKEYAN, SRI.NIREESH MATHEW. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, ALATHUR POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.2081/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A: COPY OF THE MEMORANDUM OF CRL.M.C.NO.1989/2011 FILED BEFORE THE SESSIONS COURT, PALAKKAD. ANNEX.B: COPY OF THE ORDER DTD. 8/07/2011 IN CRL.M.P.NO.1989/2011 PASSED BY THE SESSIONS COURT, PALAKKAD. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2081 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of July, 2011 ORDER Heard learned counsel for the petitioners and the learned Public Prosecutor. 2. Petitioners are arrayed as accused in Crime No.339/2011 of Alathur Police Station for the offences punishable under Sections 65, 66 and 71 of the Information Technology Act and Sections 403, 405, 408, 420 and 463 read with Section 34 of the Indian Penal Code. Prayer in this Crl.M.C. is to pass an order deleting condition Nos.1 and 2 in Annexure B order or in the alternative to modify condition Nos.1 and 2 as the petitioners shall appear before the investigating officer as and when required. 3. Petitioners submit that they have already appeared before the investigating officer on 14th and 18th of this month in terms of condition No.1. Learned Public Prosecutor, on instruction, submits that they may be directed to appear as and when required by the investigating officer. Learned counsel for the petitioners has no objection in the said submission. 4. In that view of the matter, I modify the aforementioned condition with a direction to the petitioner to appear before the investigating officer as and when required by the investigating officer. Criminal M.C. is disposed of as above. B.P.RAY, JUDGE jes