IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 Crl.MC.No. 1972 of 2008() ------------------------- CRMP.3465/2008 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR CRIME NO.480/07 OF PATHANAPURAM POLICE STATION .................... PETITIONER: ACCUSED 6 & 7 ------------------------- 1. MUHAMMED SHA @ SHA, S/O.SALIM KUNJU PUTHUPARAMBIL VEEDU, PALLIMUKKU, PATHANAPURAM 2. AMEER SHA, S/O.SHAH HAMEED ANEESH MANZIL, NADUKUNNU MURI PATHANAPURAM VILLAGE BY ADV. SRI.S.SREEKUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1972 of 2008 ---------------------------------------- Dated this the 26th day of May 2008 O R D E R The petitioners are common accused in three crimes. Of course there are other accused also in those crimes. Petitioners were granted bail in these three crimes as per Annexures I, II and V orders. It is now pointed out that if the petitioners were to comply with Annexure V order, they will not be in a position to comply with Annexure I & II orders. Annexure V order is passed by this court whereas Annexures I & II orders are passed by the learned Judicial First Class Magistrate Court-III, Punalur. In these circumstances, the petitioners approached the learned Magistrate to modify Annexures I & II orders to delete the conditions regarding appearance before the investigating officers. As they were obliged to comply with the conditions in Annexure 5 order, they could not leave the jurisdiction of Sessions Court, Alappuzha. They hence found it impossible to comply with conditions in Annexures I & II orders which oblige them to report before the investigating officers outside the jurisdiction of Sessions Court, Alappuzha. The learned Crl.M.C.No.1972/08 2 Magistrate dismissed the said prayer for modification of the conditions of Annexures I & II. The learned counsel for the petitioners submits that it is practically impossible for the petitioners to comply with Annexures I & II on the one hand and Annexure V order on the other simultaneously. He therefore prays that appropriate orders may be passed deleting the conditions imposed in Annexures I & II orders. 2. Notice given to the learned Public Prosecutor. I have heard the learned Public Prosecutor. I have perused Annexures I & II orders passed by Judicial First Class Magistrate Court-III, Punalur on 23/1/2008 and Annexure V order was passed by this court on 28/3/2008. 3. Having considered all the relevant inputs, I am satisfied that conditions in Annexures I, II and V can be suitably modified and appropriate directions can be issued to enable the petitioners to comply with the directions and to ensure that the investigation is completed in a proper and efficient manner at the earliest. 4. This petition is in these circumstances allowed. Following directions are issued: Crl.M.C.No.1972/08 3 i) The petitioners shall and need hereafter appear before the investigating officer in crime No.437/07 of Kunnikode police station between 10 a.m and 1 p.m on all Wednesdays until further orders. ii) They shall and need hereafter appear before the investigating officer of Pathanapuram police station in crime No.480/07 on all Thursdays between 10 a.m and 1 p.m until further orders. It is further clarified that the condition imposed in Annexure V order that the petitioners shall not leave the jurisdiction of the Sessions Court, Alappuzha shall not fetter the obligation of the petitioners to appear before the investigating officers on the above days. (R.BASANT, JUDGE) jsr Crl.M.C.No.1972/08 4 Crl.M.C.No.1972/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007