IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Crl.MC.No. 61 of 2008() ----------------------- AGAINST THE ORDER DATED 21/08/2007 IN CMP 2440/2007 IN CC.388/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MANNARKAD CRIME NO. 2/2000 of MANNARKAD POLICE STATION .................... PETITIONER: ------------- MOIDU, S/O. MOOSAKUTTY KURUKKAL, KUDUNNOTHIL HOUSE, THENDAMANGALAM, MANNARKKAD TALUK, PALAKKAD. BY ADV. SRI.P.K.MOHANAN (PALAKKAD) RESPONDENTS: ----------------- STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 61 of 2008 ========================== Dated this the 4th day of January, 2008. ORDER The petitioner is the accused in crime No. 2/2002 of Mannarkad Police Station for offences punishable under Sections 452, 323 and 324 IPC. The case stands registered as C.C. No. 388/2007 before the JFCM, Mannarkad. The petitioner was granted bail by the said Magistrate as per Annexure A order dated 21.08.2007 in C.M.P. No. 2440/2007. One of the bail conditions is that the petitioner shall appear before the court on all posting dates. The case now stands posted to 07.01.2008. The apprehension of the petitioner is that he had to leave the country in search of employment and he is presently employed there and therefore unable to physically appear before the trial court on 07.01.2008. The case being one of the year 2007, there is no immediate perspect of it being taken up for trial in the near future. Under these circumstances, the petitioner has approached this Court for the modification of the condition in the bail order directing him to appear before the trial court on all the posting dates. CRL. M.C. 61/2008 : 2 : 2. Heard both sides. Having regard to the facts and circumstances mentioned above, I see no reason why the petitioner's prayer for modification of bail condition should not be granted. Accordingly, the said condition is modified as follows: “The petitioner shall appear before the trial court as and when the case is posted for prosecution evidence and shall thereafter make himself available for trial till the conclusion of the proceeding before the trial court.” 3. The petitioner is permitted to file appropriate petitions to excuse his absence of all the postings of the case prior to the commencement of the prosecution evidence. This Crl. M.C. is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL. M.C. 61/2008 : 3 :