IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Crl.MC.No. 57 of 2010() -------------------------------- CRMP.3151/2009 of ADDL.SESSIONS COURT,-I, MAVELIKKARA .................... PETITIONER/ACCUSED NO.12 -------------------------------------------- K.M. NAGARAJ, S/O.KOTRAYYAPPA, NO.134, EMBASSY HERITAGE APARTMENTS, VIII TH MAIN, MALLESWARAM, BANGALORE, KARNATAKA. BY ADV. MR.RENJITH B.MARAR MR.L.RAJESH NARAYAN RESPONDENT(S): ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.57 OF 2010 ------------------------------------------ Dated 15th January 2010 O R D E R Petitioner, the 12th accused in crime No.663/2007 of Kayamkulam police station was granted bail by Additional Sessions Judge-I, Mavelikara by Annexure-A1 order on conditions. One of the condition was that he shall appear before the investigating officer on every Monday and Thursday. The other condition was that he shall not leave the territorial limits of Kerala State without the previous permission of the court, until further orders. The condition was subsequently modified that he shall appear on every Monday, deleting the condition to appear on Thursday. Petitioner thereafter filed Crmc 57/10 2 Crl.M.P.3151/2009 to modify the condition that he shall not leave the territorial limits of the State without the permission of the court. By Annexure-A4 order petitioner was permitted to be away to Karnataka State, for one month and during that period the condition to appear before the investigating officer was lifted. By Annexure-A5 order this court permitted the petitioner to be away from 18/11/2009, till 17/1/2010. This petition is filed under Section 482 of Code of Criminal Procedure, to delete the condition directing him to appear on every Monday before the investigating officer and also to permit the petitioner to stay in Karnataka. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. Crmc 57/10 3 3. Petitioner is a native and resident of Karnataka State. If presence of the petitioner, could be assured for the purpose of investigation and for trial, I do not find that the condition that petitioner shall not leave the State of Kerala is necessary, especially when he is a resident of Karnataka. Learned counsel appearing for the petitioner submitted that if petitioner is permitted to reside in Karnataka, he is prepared to appear before the investigating officer as and when required. Petition is disposed as follows. Condition in Annexure-A1 order that petitioner shall not leave the territorial limits of the State without the previous permission of the court, until further orders, is deleted. But he shall not leave India without the permission of Crmc 57/10 4 the learned Sessions Judge. The petitioner shall appear before the investigating officer on every Monday for one month and thereafter, every first Monday of every month and as and when required by the investigating officer. M.SASIDHARAN NAMBIAR, JUDGE. uj.