IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Crl.MC.No. 4572 of 2010(B) -------------------------------------- [CR.M.P. 3211/2010 IN CRL.M.C. 934/2009 OF HON'BLE SESSIONS COURT, ERNAKULAM] .................... PETITIONER/PETITIONER/ACCUSED NO.1: ------------------------------------------------------------- USMAN, S/O.LATE KUNJUMUHAMMED, AGED 49 YEARS, VELLUKUZHY HOUSE, KEEZMAD KARA, THOTTUMUGHAM, ALUVA EAST VILLAGE, ALUVA TALUK. BY ADV. SRI.N.K.MOHANLAL. RESPONDENTS/RESPONDENTS/COMPLAINANT: ---------------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, ALUVA, PIN - 683 101. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4572 OF 2010 --------------------------------------------- Dated 13th December, 2010 O R D E R By Annexure-A1 order dated 16/5/2009 petitioner was released on bail on conditions. Second condition was a direction to the petitioner to appear before the investigating officer on all Mondays and Fridays. By Annexure-A2 order dated 4/8/2009, said condition was modified providing that instead of all Mondays and Fridays, petitioner need appear only once in a month. This petition is filed under Section 482 of Code of Criminal Procedure to quash the said condition contending that the petitioner is complying with the condition, since the date of Annexure-A1 order. Crmc 4572/10 2 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. The condition to appear before the investigating officer on all Mondays and Fridays was passed on 16/5/2009. By order dated 4/8/2009, it was modified to the effect that the petitioner need appear only once in a month. It is not disputed that the petitioner has been complying with the said condition for all these period. In such circumstances, I do not find that it is in the interest of justice to continue the said condition. Hence condition No.2 in Annexure-A1 order is modified to the effect that the petitioner need hereafter appear before the investigating officer only as and when required. 4. Though the petitioner sought release Crmc 4572/10 3 of the passport and to quash Annexure-A3 order passed in Crl.M.P.3211/2010 filed before Sessions Court, Ernakulam, petitioner only sought to release of the passport so as to renew the same, as the period will expire, contending that he will go abroad after getting permission of the Court. In such circumstances, I do not find it necessary to quash Annexure-A3 order or the condition directing him to surrender the passport on renewal. Petition is disposed with liberty to approach the Magistrate for releasing the passport once the passport is renewed and to permit to go abroad. M.SASIDHARAN NAMBIAR, JUDGE. uj.