IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1972 of 2008()
1. MUHAMMED SHA @ SHA, S/O.SALIM KUNJU
... Petitioner
2. AMEER SHA, S/O.SHAH HAMEED
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.S.SREEKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :26/05/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.1972 of 2008
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Dated this the 26th day of May 2008
O R D E R
The petitioners are common accused in three crimes. Of
course there are other accused also in those crimes. Petitioners
were granted bail in these three crimes as per Annexures I, II
and V orders. It is now pointed out that if the petitioners were to
comply with Annexure V order, they will not be in a position to
comply with Annexure I & II orders. Annexure V order is passed
by this court whereas Annexures I & II orders are passed by the
learned Judicial First Class Magistrate Court-III, Punalur. In
these circumstances, the petitioners approached the learned
Magistrate to modify Annexures I & II orders to delete the
conditions regarding appearance before the investigating
officers. As they were obliged to comply with the conditions in
Annexure 5 order, they could not leave the jurisdiction of
Sessions Court, Alappuzha. They hence found it impossible to
comply with conditions in Annexures I & II orders which oblige
them to report before the investigating officers outside the
jurisdiction of Sessions Court, Alappuzha. The learned
Crl.M.C.No.1972/08 2
Magistrate dismissed the said prayer for modification of the
conditions of Annexures I & II. The learned counsel for the
petitioners submits that it is practically impossible for the
petitioners to comply with Annexures I & II on the one hand and
Annexure V order on the other simultaneously. He therefore
prays that appropriate orders may be passed deleting the
conditions imposed in Annexures I & II orders.
2. Notice given to the learned Public Prosecutor. I have
heard the learned Public Prosecutor. I have perused Annexures
I & II orders passed by Judicial First Class Magistrate Court-III,
Punalur on 23/1/2008 and Annexure V order was passed by this
court on 28/3/2008.
3. Having considered all the relevant inputs, I am
satisfied that conditions in Annexures I, II and V can be suitably
modified and appropriate directions can be issued to enable the
petitioners to comply with the directions and to ensure that the
investigation is completed in a proper and efficient manner at
the earliest.
4. This petition is in these circumstances allowed.
Following directions are issued:
Crl.M.C.No.1972/08 3
i) The petitioners shall and need hereafter appear
before the investigating officer in crime No.437/07 of Kunnikode
police station between 10 a.m and 1 p.m on all Wednesdays until
further orders.
ii) They shall and need hereafter appear before the
investigating officer of Pathanapuram police station in crime
No.480/07 on all Thursdays between 10 a.m and 1 p.m until
further orders.
It is further clarified that the condition imposed in
Annexure V order that the petitioners shall not leave the
jurisdiction of the Sessions Court, Alappuzha shall not fetter the
obligation of the petitioners to appear before the investigating
officers on the above days.
(R.BASANT, JUDGE)
jsr
Crl.M.C.No.1972/08 4
Crl.M.C.No.1972/08 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007