IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 Crl.MC.No. 1048 of 2009() ---------------------------- (CRIME NO. 41 OF 2009 OF VANDANMEDU POLICE STATION) ........................ PETITIONER(S): ACCUSED NO.5: --------------------------------------- SUMAISE MOHAMMED BASHEER, PALLICKASSERRIYIL VEEDU, MANANGALLOOR BHAGOM, KOOVAPPALLY KARA, KOOVAPPALLY VILLAGE. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): STATE: ----------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.41/2009 OF VANDANMEDU POLICE STATION). PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1048 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of March, 2009. O R D E R This is an application filed by the petitioner to go abroad and to join his duty prior to 10.4.2009 in the interest of justice. The petitioner is the 5th accused in Crime No.41/09 and he is facing an allegation of theft u/s 379 of IPC r/w S.34 IPC. It is submitted that he is employed outside and he had come to India on a holiday and they were proceeding to Kodaikkanal on a holiday trip on which date the unfortunate incident had taken place and he is also made an accused in the case. The learned Public Prosecutor on instructions submits that the investigation so far as it relates to the present petitioner is almost over. He is working abroad. There is a condition in the earlier order that he has to report before the concerned Investigating Officer on Monday and Friday of every week until further orders. If the investigation so far as it relates to this person is over and if his presence is not necessary, it is always desirable that Crl.M.C. 1048 OF 2009 -:2:- suitable orders are passed by the Court where the matter is pending. Therefore with a direction to the present petitioner to move an application before the concerned Magistrate Court for relaxing the condition as well as to consider the request to go abroad, this Crl.M.C is disposed of. 2. The Court shall consider the matter sympathetically in view of the latest developments that had taken place. I also make it clear that since the request is that he has to join duty before 10.04.2009 the Magistrate who is holding the charge of Nedumkandom Judicial First Class Magistrate Court shall take up this matter, consider it and dispose it of. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-