IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 Crl.MC.No. 2383 of 2008() ------------------------- CRL.MC.586/2008 IN CRIME 693/2008 OF VATAKARA POLICE STATION .................... PETITIONERS: ------------ 1. BIYYATHU, AGED 40 YEARS, W/O AMMAD K.K., KANHIRAKANDIYIL HOUSE, VALAYAM P.O., CHERUMOTH, VATAKARA TALUK. 2. SUMIYATH AGED 20 YEARS, W/O SHOUKATH, KOROTH HOUSE, VILLIAPALLY, VATAKARA TALUK. 3. ZEENATH, AGED 19 YEARS, W/O ABDULL, KAVVOUR HOUSE, VANIMEL,VATAKARA TLUK. BY ADV. SRI.GEORGE THOMAS (MEVADA) SRI.MANU GEORGE KURUVILLA RESPONDENTS: ------------- 1. S.I. OF POLICE, VADAKARA. 2. MRS. JASEERA P.O., PUTHENPURAYIL HOUSE, POST VILLIAPPALLY, VIA, VATAKARA, KOZHIKODE DT. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2383 of 2008 ---------------------------------------- Dated this the 30th day of June 2008 O R D E R Petitioners were granted anticipatory bail by the learned Sessions Judge as per the impugned order (copy of which is produced as Annexure 2). They are the mother-in-law and sister- in-law of the de facto complainant and they were granted anticipatory bail subject to conditions. The short contention of the petitioners is that the said contentions are unnecessary, harsh and onerous and there is no justification for imposing such conditions on the petitioners. 2. The petitioners are particularly aggrieved by condition Nos.2,4 and 5 which oblige them not to leave the Kozhikode district without the prior permission of the court. There is also a stipulation that the petitioners must surrender their passport if any or file affidavits to the effect if they have none. 3. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that condition No.2 can be modified and condition Nos.4 and 5 can be deleted. Crl.M.C.No.2383/08 2 4. In the result, this petition is allowed. Condition Nos.4 and 5 obliging the petitioners not to leave the Kozhikode district without permission of the court and that they shall surrender their passport are hereby deleted. Condition No.2 is modified and it is directed that the petitioners shall appear before the investigating officer at 10 a.m on 05/07/2008 and shall make themselves available for interrogation till 1 p.m on that date. All other conditions shall remain. 5. This petition is accordingly allowed in part to the above extent. (R.BASANT, JUDGE) jsr Crl.M.C.No.2383/08 3 Crl.M.C.No.2383/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007