IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3590 of 2009()
1. NALINAKSHAN, `ATHIRA',
... Petitioner
2. RAFEEQ.K., S/O.ABOOBACKER,
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
2. ZAKKIR M.P., S/O.ABOOBACKER,
For Petitioner :SRI.C.P.PEETHAMBARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :24/11/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.3590 OF 2009
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Dated 24th November 2009
O R D E R
Petitioners are the accused in crime
No.132/2009 of Thalassery police station registered
under Annexure-A2 FIR registered for the offences
under Sections 468, 471, 420 and 406 read with Section
34 of Indian Penal Code. By Annexure-A3 order,
Sessions Judge, Thalassery granted anticipatory bail
to first petitioner on conditions. By Annexure-A4
order, Sessions court granted anticipatory bail to
second petitioner. One of the conditions in Annexure-
A4 order is that petitioner shall appear before the
investigating officer on every Tuesday between 10 and
11 a.m till a final report is filed. This petition is
filed under Section 482 of Code of Criminal Procedure
to quash Annexure-A2 FIR or in the alternative to
modify the condition directing second petitioner to
appear before the investigating officer on every
Tuesday.
2. Learned counsel appearing for the
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petitioners and learned Public Prosecutor were heard.
3. Annexure-A2 FIR was registered based
on Annexure-A1 complaint filed before Judicial First
Class Magistrate, Thalassery and sent for
investigation under Section 156(3) of Code of Criminal
Procedure. On going through Annexure-A1 complaint I
do not find any reason to quash the complaint as
sought for. Learned counsel then submitted that even
though there is no specific case as against second
petitioner, first petitioner was granted anticipatory
bail by Annexure-A3 order without a condition that he
shall appear before the investigating officer on any
particular day and when anticipatory bail was granted
to second petitioner there is a direction to appear
before the investigating officer once in a week till
the final report is filed and in the nature of the
case, it is unnecessary.
4. On hearing the learned counsel and
learned Public Prosecutor, it is seen that Annexure-A4
order was passed as early as in 9/10/2009. In such
circumstances, I do not find that it is just or proper
to continue the condition directing second petitioner
to appear before the investigating officer once in
Crmc 3590/09
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every week till a final report is filed. Said
condition is modified providing that petitioner need
appear before the investigating officer only as and
required.
Petition is disposed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.