IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 Crl.MC.No. 3550 of 2008() ------------------------- ORDER IN CRL.M.P.NO.3635/08 IN CRL.M.C.NO.1216/08 CRIME NO.509/08 OF KADAVANTHRA POLICE STATION, ERNAKULAM .................... PETITIONER:2ND ACCUSED ------------ BOBBY SEBASTIAN, D/O.SEBASTIAN, AGED 36 YEARS, 76, KUMARANASAN NAGAR, KADAVANTHARA, COCHIN, (NOW RESIDING AT FLAT NO.6, SPARTA PRESTIGE ACROPOLIC APARTMENTS, KORAMANGALA, BANGALORE. BY ADV. SRI.ALAN PAPALI SRI.SOJAN MICHEAL RESPONDENTS: COMPLAINANT ------------- STATE OF KERALA- (CRIME NO.509/08 S.I OF POLICE KADAVANTHARA POLICE STATION) REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2008 ALONG WITH CRMC.NO.3553 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. Nos.3550 and 3553 of 2008 ------------------------------------- Dated this the 23rd day of September, 2008 ORDER Petitioner, a woman, was granted anticipatory bail in two separate crimes registered alleging offences punishable, inter alia, under Sections 409 and 420 I.P.C. The conditions imposed as per that common order dated 18.07.08 oblige the petitioner to appear before the Investigating Officer within a period of two weeks. The petitioner did not appear before the Investigating Officer as per that direction. She had given birth to a child in April, 2008 at Bangalore and in these circumstances, she could not undertake a journey to Kerala to comply with the direction to appear before the Investigating Officer, it is submitted. She filed applications for extension of time to appear before the Investigating Officer and those applications were disposed of by the impugned order dated 06.08.08. 2. The learned counsel for the petitioner submits that the rejection of the prayer of the petitioner is not justified and she was prompted by very valid reasons to seek such extension of time. Crl.M.C. Nos.3550 and 3553 of 2008 2 3. I have taken note of all the relevant circumstances. I take note of the submission that the petitioner, a woman, had given birth to a child in April, 2008 at Bangalore. I take note of the further fact that the petitioner was directed to appear before the Investigating Officer within two weeks from 18.07.08. Though the precise date of the applications for extension of time is not made available, the impugned order has been passed on 06.08.08. I am satisfied that a lenient view can be taken and the petitioner can be granted further time to appear before the Investigating Officer. 4. These Crl.M.Cs are, in these circumstances, allowed. The condition imposed is modified. The petitioner shall have time till 30.09.08 to appear before the Investigating Officer and if she so appears, it shall be reckoned as sufficient compliance with Annexure-1 order dated 18.07.08 passed by the learned Sessions Judge, Ernakulam in Crl.M.C Nos.1215 and 1216 of 2008. (R.BASANT, JUDGE) rtr/-