IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Crl.MC.No. 3564 of 2008() ------------------------- CRIME NO.1085/2001 OF KOLLAM EAST POLICE STATION PETITIONER(S): 2ND ACCUSED -------------------------- MANOHARAN PILLAI @ MANI, S/O. RAGHAVAN PILLAI, VENKULATHU VEEDU, KAITHACODE, PAVITHRESWARAM VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT AND STATE1 ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUPERINTENDENT OF POLICE, CRIME BRANCH, CID CFS II KESAVADASAPURAM, THIRUVANANTHAPURAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SRI. JAYAKUMAR, DETECTIVE INSPECTOR, CRIME BRANCH, CID CFS II, KESAVADASAPURAM, THIRUVANANTHAPURAM. 3. SRI. AJEESH, SUB INSPECTOR, CBCID CFS-II, KESAVADASAPURAM, THIRUVANANTHAPURAM AND CERTAIN UNIDENTIFIED POLICE CONSTRABLES ON MUFTI, CBCID, CFS -II, KESAVADASAPURAM, THIRUVANANTHPUARAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3564 of 2008 ---------------------------------------- Dated this the 31st day of October 2008 O R D E R The petitioner is the second accused in a crime registered alleging the offence punishable under Section 489(B) I.P.C. Crime was registered at Kollam East police station. The investigation is now being conducted by the CBCID CFS-II, Thiruvananthapuram. The petitioner and the co-accused were granted bail as per Annexure I order dated 10/01/2002 subject to conditions. By Annexure II order dated 10/5/2002, the said conditions have been deleted. The petitioner is thus under no obligation to appear before the investigating officer. The petitioner has come to this court with the grievance that the investigating officer is unnecessarily insisting on compliance with the conditions in Annexure I order. This is unjustified. Appropriate directions may be issued under Section 482 Cr.P.C. This is the short prayer. 2. The learned Public Prosecutor, after taking instructions, submits that it is true that the investigating officer had checked at the residence of accused 1 and 2 and had come Crl.M.C.No.3564/08 2 to know that they are not available. There is no insistence on compliance with any conditions in Annexure I order. If the investigating officer requires the presence of the petitioner or any other accused, he shall be taking necessary legal steps to secure such presence. Appropriate application shall be filed before the court concerned, it is submitted. 3. I take note, hereby record and accept the submissions of the learned Public Prosecutor. The petitioner is not obliged to and need not comply with the conditions in Annexure I order now. No further directions are necessary in this Crl.M.C now. Accepting the submissions of the learned Public Prosecutor, this Crl.M.C is dismissed. (R.BASANT, JUDGE) jsr Crl.M.C.No.3564/08 3 Crl.M.C.No.3564/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008