IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Crl.MC.No. 2541 of 2008(C) (IN CRL.M.C.NO.945/2008 ON THE FILE OF SESSIONS COURT, THALASSERY.) ------------------------- PETITIONER: ------------ CHERUVARI SHAMJITH, S/O BHASKARAN, AGED 33 YEARS, DRIVER, PACHAPOYIKA, PATHIRIYAD AMSOM, PARAMBAYI, BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT/STATES: -------------------------------- STATE OF KERALA, REPRESENTING S.H.O. EDAKKAD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2541 of 2008 ---------------------------------------- Dated this the 22nd day of July 2008 O R D E R The petitioner is aggrieved by conditions 2 and 3 imposed on him by the learned Sessions Judge when he was enlarged on bail as per order dated 01/07/2008. He faces allegations for offences punishable inter alia under Sections 326 and 307 read with 149 I.P.C. According to the petitioner, the said conditions cannot be complied with by him inasmuch as the petitioner was already constrained to leave India to continue his employment abroad. The conditions oblige him to surrender his passport and also to appear before the investigating officer on all Mondays between 4 p.m and 6 p.m. 2. The learned Public Prosecutor submits that the police now do not want the appearance of the petitioner for interrogation as insisted by condition No.2. But it may be noted that the passport has not been surrendered by the petitioner before the learned Magistrate so far, submits the learned PP. 3. I am satisfied, in these circumstances, that the conditions imposed on the petitioner can be deleted subject to Crl.M.C.No.2541/08 2 the direction that within a period of one month from the date on which notice is given by the court to the learned counsel for the petitioner, the petitioner shall appear before the learned Magistrate. The learned counsel for the petitioner shall file a statement before the learned Magistrate undertaking to convey any such direction to be issued by the court to the petitioner promptly. 4. This Crl.M.C is allowed to the above extent. (R.BASANT, JUDGE) jsr Crl.M.C.No.2541/08 3 Crl.M.C.No.2541/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008