IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Crl.RC.No. 4 of 2008() ---------------------- CRIME NO.165 OF 2005 OF ERNAKULAM TOWN NORTH POLICE STATION. SUO MOTU PARTIES 1. STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF PROSECUTION, PUBLIC PROSECUTOR. 2. CIRCLE INSPECTOR OF POLICE, E.T.ERNAKULAM NORTH POLICE STATION, ERNAKULAM. 3. GIRISH, AGED 24 YEARS, S/O.IYPPE, CHAKKALAKKUDY HOUSE, PATHIRACHAL, KALLODY KARA, EDAVAKA VILLAGE, MANANTHAVADY TALUK. PUBLIC PROSECUTOR SRI.P.A.MARTIN ROY FOR R3 THIS CRIMINAL RIVISION CASE HAVING BEEN FINALLY HEARD ON 19/11/2008, ALONG WITH COC NO. 1078 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.C.No.4 of 2008 = = = = = = = = = = = = = = Dated this the 19 th day of November, 2008 ORDER The 2nd respondent Girish, who is the 2nd accused in Crime No.165 of 2005 of Ernakulam Town North Police Station appears in person today. He is represented by Advocate Mr.P.A.Martin Roy. It is seen that the order dated 26.3.08 passed by the Sessions Court, Ernakulam, while disposing of the application filed by the said Girish seeking anticipatory bail, directed him to surrender before the JFCM -I, Ernakulam who in turn was directed to release him on bail on executing a bail bond for Rs.15,000/- without any other condition. The said is alleged to be a privy to the offence committed by the 1st accused Joman who was the driver of a senior counsel appearing before this Court and the said Jomon is alleged to be absconding. The said Girish has not been interrogated by the Police. The order dated 26.3.08 passed by the Sessions Judge, Ernakulam in Crl.M.C.No.463 of 2008 shall stand modified entitling the investigating Officer to interrogate the 2nd accused Girish. As Crl.R.C.No.4 of 2008 2 agreed to by his counsel , the 2nd accused shall appear before the investigating Officer at 10 am on 21.11.08 for the purpose of custodial interrogation and recovery of incriminating material, if any. He shall thereafter be produced before the JFCM-I, Ernakulam and shall be released on appropriate conditions on the very same bail bond already executed by him. A copy of this order shall be forwarded to the investigating officer in charge of Crime No. 165 of 2005 of Ernakulam Town North Police Station who shall submit a report to this Court with regard to the facts revealed through custodial interrogation within 10 days of the said interrogation. In case the respondent Girish fails to appear before the investigating officer as directed above, the officer shall be free to move the JFCM-1, Ernakulam who shall thereupon proceed against the said Gireesh in accordance with law. Dated this the 19 th day of November, 2008. V. RAMKUMAR, JUDGE sj