IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Crl.MC.No. 3261 of 2009 --------------------------------------- CRMC.1211/2009 of SESSIONS COURT, KOZHIKODE .................... PETITIONER/ACCUSED: V.ANWAR SADATH, AGE 37 YEARS, S/O. ALI, GENERALA MANAGER, THE MUSLIM PRINTING & PUBLISHING CO. LTD., RESIDING AT VADAKKENGARA HOUSE, P.O.KONDOTTY, MALAPPURAM DIST. BY ADV. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J. RESPONDENT: STATE OF KERALA, REP. BY S.I. OF POLICE, NADAKKAV POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3261 of 2009 -------------------------- ORDER Petitioner was granted anticipatory bail under Annexure-I order by Sessions Judge, Kozhikode in Crl.M.C.No.1211/2009 on conditions. This petition is filed under Section 482 of Code of Criminal Procedure to lift Condition Nos.2, 3 and 5. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. As is clear from Annexure-I order, the case as against the petitioner is only that he, being the General Manager of M/s.Muslim Printing & Publishing Company Limited, failed to remit the provident fund contributions in time and thereby committed offences under Section 406 and 409 of Indian Penal Code. 4. Considering the nature of the offences, learned Sessions Judge found that petitioner is entitled to pre-arrest bail as his custodial interrogation is not necessary. In such circumstances, I find no justification for directing the petitioner to appear CRMC 3261/09 2 before the Investigating Officer on all days for two weeks and thereafter on all Mondays till the final report is filed or to surrender the passport or not to leave the jurisdiction of Nadapuram Police Station. Interest of justice will be met if Condition Nos.2, 3 and 5 in Annexure-I order are lifted by providing that petitioner shall appear before the Investigating Officer as and when required and shall not leave India without the permission of the concerned Magistrate. Petition is allowed. Condition Nos.2, 3 and 5 in Annexure-I order are lifted providing that petitioner shall appear before the Investigating Officer as and when required and also not to leave India without the permission of the learned Magistrate. 12th October, 2009 (M.Sasidharan Nambiar, Judge) tkv