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.
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Crl.M.C.No.2541 of 2008
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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
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Crl.M.C.No.2541/08 4
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008