High Court Kerala High Court

Cheruvari Shamjith vs State Of Kerala on 22 July, 2008

Kerala High Court
Cheruvari Shamjith vs State Of Kerala on 22 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2541 of 2008()


1. CHERUVARI SHAMJITH,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTING
                       ...       Respondent

                For Petitioner  :SRI.C.P.PEETHAMBARAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :22/07/2008

 O R D E R
                          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