IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 Crl.MC.No. 943 of 2011() ----------------------------- (CRL.M.P.NO.361/2011 OF SESSIONS COURT, KOZHIKODE, CRIME NO.27/2010 VELLAYIL POLICE STATION) ........... PETITIONER(S): ACCUSED NO.7 ------------------------------------- K.A. RAUF, AGED 52, S/O. K.C.AHMED, SHELTER, 4/700, JAYANTHI NAGAR COLONY, BEACH.P.O., KOZHIKODE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC SPL. PROSECUTOR SRI.C.K.SURESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.943 of 2011 --------------------------------------- Dated this 30th day of March, 2011 ORDER Petitioner is the 7th accused in Crime No.27 of 2010 of Vellayil Police Station for offences punishable under Secs.420, 468 and 471 r/w Sec.34 of the Indian Penal Code. Allegation is that accused including petitioner forged seals of Kozhikode Tahsildar and the Taluk Office and forged documents to enable them purchase landed property in Maharashtra. Learned Sessions Judge, Kozhikode by Annexure-I, order granted bail to the petitioner subject to certain conditions which included reporting to the Investigating Officer on all days and not to leave the State except with the permission of the Court. I am told that later by Annexure-III, order condition regarding reporting to the Investigating Officer was modified and petitioner was directed to report to the Investigating Officer on all alternate Sundays. Petitioner states that since he has business at Indoor, he has often to go to that place and the conditions that he shall not go beyond the State except with the permission of the Court and to report before the Investigating Officer on all alternate Sundays is causing much inconvenience to him. Learned counsel requested Crl.M.C.No.943 of 2011 -: 2 :- that the condition may be lifted or modified. I have heard learned Public Prosecutor also who pointed out the offences attributed to the petitioner. 2. Having heard learned counsel and learned Public Prosecutor, I am not inclined to think that condition requiring permission of the Court to leave the State requires modification by this Court since it is open to the petitioner to get permission from the Court concerned and to leave the State. But, as regards the condition modified by Annexure-III, directing petitioner to report before the Investigating Officer on all alternate Sundays is concerned, I am inclined to think that some modification is required. For, if the petitioner is permitted to go beyond the State it may not be possible for him to report before the Investigating Officer on all alternate Sundays. Hence that condition could be modified requiring to report to the Investigating Officer on the first Friday of every month between 9a.m and 11a.m. Resultantly this criminal miscellaneous case is allowed in part and the condition imposed on the petitioner as modified by Annexure-III, order requiring petitioner to report to the Investigating Officer on all alternate Sundays is modified as Crl.M.C.No.943 of 2011 -: 3 :- under: Petitioner shall report to the Investigating Officer on first Friday of every month (until filing of the final report) between 9a.m and 11a.m. Other conditions imposed by the learned Sessions Judge will remain in force as ordered. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge