IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Crl.MC.No. 4088 of 2008() ------------------------- CRL.M.P.NO.2745/08 IN CRL.M.C.NO.1052/08 OF SESSIONS COURT, TRIVANDRUM .................... PETITIONER(S): ACCUSED ---------------------- K.SAJEEV KUMAR, S/O.STANLUS SOBHANAM, CHERIYAPULLUVILA PUTHEN VEEDU, NEDIYAKALE, CHAVADI, PULLUVILA P.O., NEYYATTINKARA TALUK,TRIVANDRUM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4088 of 2008 ------------------------------------- Dated this the 6th day of November, 2008 ORDER The petitioner was granted anticipatory bail in a crime registered alleging the offence punishable under Section 306 I.P.C. Such bail was granted on 24.06.08 subject to conditions. Inter alia, it was directed that the petitioner shall not leave Trivandrum district without getting the prior permission of the Magistrate till the disposal of the case. More than 4 months have elapsed now. The petitioner approached the learned Magistrate to modify the condition. The said request was rejected. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that condition No.5, imposed on the petitioner when he was granted anticipatory bail by the Sessions Judge that he, a driver by profession, should not leave Trivandrum district without prior permission until the case against him is disposed of, can now be deleted. There is a further prayer that the incongruent condition No.4 which is not in tandem with Crl.M.C. No.4088 of 2008 2 condition No.3 may also be deleted. The learned Public Prosecutor submits that the final report is not filed. Condition No.4 only obliges the petitioner to report before the Investigating Officer on the last Saturday of every month between 9 a.m and 10 a.m till the final report is filed. Condition 3 obliges him to appear as and when directed. The two conditions can be harmonised. At any rate, he has to appear on the last Saturday of every month. In between he will have to appear as and when directed. 3. The counsel prays that condition No.4 can be deleted. The learned Public Prosecutor opposes the application. I am satisfied that condition No.4 can be permitted to remain in force for a further period of 3 months within which time I expect the Investigating Officer to expeditiously complete the investigation. 4. In the result: a) This Crl.M.C is allowed; b) Condition No.4 is deleted; c) Condition No.5 is modified to the above extent. (R.BASANT, JUDGE) rtr/-