IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Crl.MC.No. 3314 of 2008() ------------------------- CRMP.4726/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONERS: ACCUSED ------------ 1. GIRI, S/O., SHANMUKHAN, DOOR NO.14/250 SEVOOR ROAD, NETHAJI STREET, AVINASHY VILLAGE COIMBATORE, TAMIL NADU. 2. M.SHANMUGHAN, S/O,. M.MONY DOOR NO. 12, PATTUKODAI ROAD THOMBANKUKUKDISSY STREET, THANJAVOOR, TAMIL NADU. BY ADV. SRI.P.HARIDAS RESPONDENTS: STATE & COMPLAINANT ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE EXCISE INSPECTOR ADOOR EXCISE RANGE ,PATHANAMTHITTA. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3314 of 2008 ---------------------------------------- Dated this the 16th day of September 2008 O R D E R Petitioners who face allegations in a crime registered under the Kerala Abkari Act were released on bail subject to conditions. It is submitted that at the moment, the condition obliges them to appear before the investigating officer on all Mondays between 10 a.m and 5 p.m. The petitioners applied for modification of the conditions. That prayer was rejected by the learned Magistrate. The petitioners have hence come before this court. The alleged incident took place in December 2007. The petitioners were arrested on 13/12/2007. They were released on bail as per order dated 22/2/2008. It was later modified by order dated 26/2/2008 (Annexure 2) and were released from custody on 01/03/2008. They continue on bail. Investigation is not complete. Final report has not been filed yet. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the condition imposed regarding appearance before the investigating officer can now be modified. Crl.M.C.No.3314/08 2 3. In the result, this petition is allowed. The petitioners need hereafter make themselves available for interrogation before the investigating officer between 10 a.m and 12 noon on the first Mondays of all English calender months until final report is filed. (R.BASANT, JUDGE) jsr Crl.M.C.No.3314/08 3 Crl.M.C.No.3314/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008