IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Crl.MC.No. 278 of 2009() ------------------------ CRIME NO. 779/08 OF VADAKARA POLICE STATION CRMP.15/2009 of ADDL. SESSIONS COURT, VADAKARA .................... PETITIONER(S): ACCUSED ---------------------- JOSE ANTONY, S/O.ANTONY, AGED 33 YRS, MAPPANADIYIL(H),KARUNAPURAM(P.0),KATTAPPANA, IDUKKI. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/ STATE --------------------------------- 1. SUB INSPECTOR OF POLICE,VADAKARA POLICE STATION. 2. STATE REP; BY P.PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 278 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of January, 2009 O R D E R The petitioner faces allegations in a crime registered under the N.D.P.S. Act. The crux of the allegations is that he was found in possession of 2.25 kgs. of ganja while he was allegedly transporting the same in his motor cycle. The alleged incident took place on 9.7.2008. The petitioner was arrested on that day. He was enlarged on bail on 9.9.08 as the final report was not filed within the stipulated period of 60 days. Bail was granted subject to conditions. It was directed that the petitioner must report before the Investigating Officer on every Mondays and Thursdays. That condition was subsequently altered and the petitioner is now obliged to report before the Investigating Officer on all Mondays. It was also stipulated that he shall not interfere with the investigation and shall not commit any crime while on bail. There was also a direction that the petitioner shall not leave the jurisdiction of the learned Special Judge until further orders. Crl.M.C.No. 278 of 2009 2 2. Those conditions remain in force. But it appears that there were certain disputes between the petitioner and the Investigating Officer. The petitioner had applied for deletion of the conditions. But it was reported to the learned Special Judge that the petitioner has not been complying with conditions 1 and 4 referred above, i.e. there has been default in appearance on all Mondays and he had left the jurisdiction of the Court. It is thereupon that the impugned order has been passed by the learned Special Judge canceling the bail granted to the petitioner under Section 439(2) Cr.P.C. A warrant of arrest has been issued to arrest the petitioner and it is at this juncture that the petitioner has come to this Court. 3. The learned counsel for the petitioner submits that the petitioner shall abide by the conditions imposed and there is no wilful violation of the conditions imposed by the learned Special Judge. Subject to any appropriate conditions the petitioner may be permitted to continue on bail. To avoid any future disputes between the petitioner and the Investigating Officer the petitioner may be directed to report before the learned Special Judge on all Mondays and Crl.M.C.No. 278 of 2009 3 to appear before the Investigating Officer on any specified day as required by the Investigating Officer and if directed by the learned Magistrate. 4. I have gone through the impugned order. I have considered the submissions made at the Bar. I am satisfied that the said request of the petitioner can be accepted. I am not persuaded to agree that any such compelling reasons are available to justify resort to the extra ordinary harsh remedy under law to cancel the bail granted to the petitioner. 5. This Crl.M.C. is accordingly allowed. The impugned order is set aside. It is directed that the petitioner shall continue to comply with the conditions imposed until the same are modified by the learned Special Judge, with the only rider that hereafter the petitioner shall appear before the learned Special Judge at 11 a.m. on all Mondays and shall appear before the Investigating Officer on any specified day, if so directed by the learned Special Judge. 6. Hand over the order. (R. BASANT) Judge tm Crl.M.C.No. 278 of 2009 4