IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 Crl.MC.No. 2074 of 2008() ------------------------- CRIME NO.466/06 OF THODUPUZHA POLICE STATION CMP.1584/2007 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... PETITIONER: ------------ K.C.MATHEW,S/O. K.C.CHACKO, KANATTU VEETTIL, ARAKKULAM, KUDAYATHUR, THODUPUZHA. BY ADV. SRI.V.K.SUNIL RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.K.C. SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2074 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June, 2008 O R D E R The petitioner faces allegations for offences punishable, inter alia under Sections 420 and 472 I.P.C. By order dt.23.4.2007 he was granted bail subject to conditions, which include the condition that the petitioner shall appear before the Investigating Officer on all Mondays between 9 a.m. and 10 a.m. The petitioner later moved the learned Magistrate for modification of the condition, but as per order dt.1.11.2007, copy of which is Annex.2, the said prayer was rejected. The petitioner, on 30.5.2008, has filed this application for modification of the said condition. 2. The learned counsel for the petitioner was requested to explain how and why he has come to this Court without and before moving the learned Magistrate. The last attempt to move the learned Magistrate was on 1.11.2007 and we are in June, 2008. No valid explanation is offered as to how and why this Crl.M.C.No. 2074 of 2008 2 application is filed without and before moving the learned Magistrate. I must say that the petitioner must move the learned Magistrate first. Only after that can and need the petitioner come before this Court, if necessary. 3. This Crl.M.C. is accordingly dismissed. Needless to say that the petitioner's option to move the learned Magistrate remains and if moved, the learned Magistrate shall pass expeditious orders on such application on merits. 4. Hand over the order. The Registry shall return the orders dt.23.4.2007 and 1.11.07 to the learned counsel for the petitioner forthwith. (R. BASANT) Judge tm