IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Crl.MC.No. 3995 of 2009() ------------------------- CRMP.3348/2009 of I ADDL. SESSIONS COURT, KOLLAM .................... (CRIME NO.63/2009 OF EZHUKONE EXCISE RANGE, KOLLAM DISTRICT) ........ PETITIONER(S): ACCUSED-A2: ----------------------------------------------- PRADEEP, AGED 35 YEARS, S/O.RETNAKARAN, 'THIRUVENIYIL', KOLLAYITHODU MURI, KAREEPRA VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. MR.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 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 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. ---------------------------------------- Crl.M.C.No.3995 of 2009 ---------------------------------------- Dated this the 16th day of December, 2009 ORDER Petitioner is the second accused in Crime No.63/2009 of Ezhukone Excise Range, registered for the offences punishable under Section 8 (2) of the Abkari Act having been found in possession of 7 litres of arrack. He was granted bail by Annexure- A order dated 30.11.2009 on conditions. The third condition was that the petitioner shall not enter the jurisdiction of Judicial First Class Magistrate, Kottarakkara until further orders or until the final report is filed. This petition is filed to lift the said condition contenting that petitioner is a resident of the said area and in such circumstances, it is not in the interests of justice to continue the restriction. 2.Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard. 3. The learned Public Prosecutor has no case that petitioner was involved in any other offence of this nature. In such circumstances, I do not find it necessary to continue condition No. (c) in Annexure-A order as no purpose will be served by directing the petitioner not to enter within the jurisdiction of the Judicial 2 First Class Magistrate, where he resides. On the other hand it would cause difficulty to the petitioner. Petition is allowed. Condition No.(c) in Annexure-A order passed by Judicial First Class Magistrate-I, Kottarakkara is lifted. M.S.Sasidharan Nambiar, Judge cms