IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 354 of 2007()
1. MANIKUTTAN, S/O. CHAVARO,
... Petitioner
2. SHERLINKER ROOKFELLER, S/O. KOCHUNNY,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.SREEKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :21/02/2007
O R D E R
R. BASANT, J.
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CRL.M.C.NO. 354 OF 2007
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Dated this the 21st day of February, 2007
ORDER
This petition is filed by the petitioners who are accused 1
and 2 in a crime registered under Sec.302 of the IPC. The
petitioners were enlarged on bail as per the order dated
30/11/06 subject to conditions. The conditions imposed
include the condition that the petitioners must report before
the Investigating Officer between 9 a.m. and11 a.m. on all
Wednesdays and that they should not enter the limits of
Njarakkal Police Station until further orders except for
complying with the earlier condition referred above.
2. The petitioners contend that they have been
observing the conditions scrupulously from 30/11/06 and that
it is not necessary any more to insist on the continuation of
such conditions.
3. The learned Public Prosecutor, after taking
instructions, opposes the application vehemently. He
submits that the incident in question, where loss of life
CRL.M.C.NO. 354 OF 2007 -: 2 :-
occurred, is an offshoot of an inter-rivalry between two goonda
groups. A precarious law and order situation prevails in the
locality. If the conditions were deleted, it is likely to lead to
more such violent incidents. At any rate, it is too early to
consider the said request favourably. Investigation is not
complete yet, submits the learned learned Public Prosecutor.
4. In the facts and circumstances of this case, I find merit
in that opposition. I am satisfied that the conditions do not
deserve to be modified at this point of time. Every endeavour
must be made by the Investigating Officer to complete the
investigation expeditiously. The petitioners shall be entitled to
move this Court again for deletion of the conditions at a later
stage of investigation – not at any, rate prior to 31/3/2007.
5. With the above observations, this Crl.M.C. is dismissed.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge