IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 Crl.MC.No. 4091 of 2010() ------------------------------------- CRMP.2641/2010 IN CRMC.1163/2010 of SESSIONS COURT, KOZHIKOE CRIME NO.438/2010 OF CHEVAYUR POLICE STATION. .................... PETITIONERS/ACCUSED NOS. 1 AND 2 ---------------------------------------------------------- 1. PRAMOD, AGED 37 YEARS, S/O.LATE KANARAKUTTY, VELLATHODI, KURUVATTUR AMSOM DESOM, KOZHIKODE TALUK. 2. VINOD, AGED 37 YEARS, S/O.LATE KANARAKUTTY, VELLATHODI, KURUVATTUR AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.M.ASOKAN, SRI.DEVAPRASANTH.P.J. RESPONDENTS/COMPLAINANTS ------------------------------------------------ STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, CHEVAYUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4091 OF 2010 =========================== Dated this the 21st day of October,2010 ORDER Petitioners were granted anticipatory bail under section 438 of Code of Criminal Procedure by Annexure I order dated 13.9.2010 in Crime 438/2010 of Chevayur Police Station registered for the offences under sections 452, 354, 323,324 and 294 read with section 34 of Indian Penal Code, on conditions. The fourth condition was that petitioners shall not enter into the limits of Chevayur Police Station without the previous permission of the Investigating Officer. Petitioners filed Crl.M.P.2641/2010 to delete the said condition contending that they are residents of that locality and first petitioner is an office Assistant and second petitioner is a coolie and therefore the said condition is causing Crl.M.C.4091/2010 2 difficulty for them. By Annexure II order, learned Sessions Judge modified that condition permitting petitioners to reside in their house from 8 p.m. and 6 a.m. Learned Sessions Judge has not deleted the entire condition for the reason that if petitioners are allowed to enter into the limits of Chevayur Police Station, there is every chance to harass the de facto complainant and the witnesses . This petition is filed under section 482 of the Code of Criminal Procedure to delete the fourth condition in Annexure I order. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. The argument of the learned Public Prosecutor is that as offences involved are under sections 452, 354, 323, 324 and 294 read with section 34 of Indian Penal Code and the allegation against the petitioners is that they trespassed into the house, where there were only lady inmates and outraged the modesty of the de facto Crl.M.C.4091/2010 3 complainant, and hence the said conditions are warranted. If the apprehension is that petitioners would repeat the offences there are already sufficient conditions in Annexure I order. Condition No.3 provides that petitioners shall appear before the Investigating officer on all Sundays till a final report is filed. In such circumstances, I find it not necessary to continue the condition No.4 Petition is allowed. Condition No.4 in Annexure I order is deleted. But it is made clear that petitioners shall not threaten or induce the witnesses or trespass into the property or house of the de facto complainant and shall not cause any harassment to them. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006