Nassar vs State Of Kerala Represented By on 15 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3811 of 2010()


1. NASSAR, AGED 45 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.  K.SHAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :15/09/2010

 O R D E R
          M.SASIDHARAN NAMBIAR,J.

           ---------------------------------------------
            CRL.M.C.NO.3811 OF 2010
           ---------------------------------------------
           Dated 15th          September, 2010


                          O R D E R

By Annexure-A1 order learned

Sessions Judge, Ernakulam granted bail to

the petitioner on conditions. Offences

alleged are under Sections 406, 419 and 420

of Indian Penal Code. One of the conditions

was that petitioner shall appear before the

Sub Inspector of Police, Kallorkad Police

Station between 9 and 11 a.m on all

Mondays and Thursdays. Petition is filed

under Section 482 of Code of Criminal

Procedure to delete that condition

contending that final report has already

been submitted and taken cognizance and

therefore, it is not necessary to continue

the said condition.

Crmc 3811/10
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2. Learned counsel appearing for the

petitioner and learned Public Prosecutor were

heard.

3. Annexure-A2 final report shows that

Sub Inspector of Police had already laid charge

before Judicial First Class Magistrate’s

Court-I, Muvattupuzha and cognizance has been

taken for the offences under Sections 406, 419

and 420 of Indian Penal Code. The condition

directing the petitioner to appear before the

Investigating Officer was passed at a time when

investigation was pending. When the

investigation is over and a final report was

submitted and offences were taken cognizance by

the learned Magistrate as C.C.385/2010, it is

not in the interest of justice to continue the

said condition as no purpose will be served by

the petitioner appearing before the

Crmc 3811/10
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Investigating Officer twice in a week as

directed in Annexure-A1 order.

Petition is allowed. Condition directing

the petitioner to appear before the Sub

Inspector of police in Annexure-A1 order is

deleted.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.