IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Crl.MC.No. 3532 of 2009(F) ----------------------------------- (CRL.M.P.NO.2629/09 IN CRL.M.C.NO.1498/09 IN CRIME NO.323/09 OF JFCM-III, THIRUVANANDAPURAM.) PETITIONER(S): ---------------------- 1. SAJU, S/O. THANKARAJAN, MELEOORANVILA VEEDU, T.C. 19/1246 (4), NEAR MULAMUKKU RAILWAY CROSS, MUDAVANMUGAL WARD,THIRUMALA VILLAGE. 2. VINOD @ OOLAN BINU, S/O. KARUNAKARAN, GEETHA BHAVAN, KULAKKADIYOORKONAM, UPANIYOOR DESOM, NEMOM VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.P.M.SANEER RESPONDENT(S): ------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: mns M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3532 OF 2009 ------------------------------------------ Dated 17th November 2009 O R D E R By Annexure-A order bail was granted to the petitioners who are accused 6 and 10 in C.P.41/2009 on the file of Judicial First Class Magistrate-III, Thiruvananthapuram on conditions. Second condition was that they shall not enter into any part of Thiruvananthapuram district except for appearing before the Magistrate in the committal case. Third condition was that they shall report before the Superintendent of police, Rural, Thiruvananthapuram on all Mondays, Wednesdays and Fridays between 9 a.m and 11 a.m until further orders. While granting bail to two other accused by this court, under Annexure-B order one of the condition was that they shall appear before the Superintendent of police, Kollam on every Monday, Wednesday and Friday. Petitioners approached Sessions court to modify the conditions based on Annexure-A order to permit him to appear before the Superintendent of Police, Kollam instead of Crmc 3532/09 2 Thiruvananthapuram. By Annexure-D order petition was dismissed. This petition is filed under Section 482 of Code of Criminal Procedure to modify the condition. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. The only prayer of the petitioners is that instead of appearing before Superintendent of police, Thiruvanathapuram, they be permitted to appear before Superintendent of Police, Kollam and to that effect order is to be modified. 4. Learned Public Prosecutor submitted that it is for the safety of the accused the said conditions were made in the order. When one of the condition is that accused shall not enter on any part of Thiruvananthapuram district, retaining the other condition directing petitioners to appear before the Superintendent of Police at Thiruvananthapuram thrice in a week would amount to violation of first condition. In such circumstances, the condition directing them to appear before the Superintendent of police, Thiruvananthapuram is modified and Crmc 3532/09 3 petitioners are directed to appear before the Superintendent of Police, Kollam instead of Thiruvananthapuram. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.