IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4209 of 2008()
1. SANAL KUMAR, S/O.NARAYANAN
... Petitioner
Vs
1. STATE OF KEALA, REP. BY DIECTOR GENERAL
... Respondent
2. DEPUTY SUPERINTENDENT OF POLICE
3. DETECTIVE INSPECTOR, CBCID SIU II,
For Petitioner :SRI.LATHEESH SEBASTIAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :11/11/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.4209 of 2008
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Dated this the 11th day of November 2008
O R D E R
The petitioner, who faces allegations in a crime registered
alleging offences punishable inter alia under Section 489(B) and
489(C) I.P.C was enlarged on bail as per order dated 19/6/2008
by the learned Sessions Judge, Thodupuzha subject to conditions.
Inter alia a condition was imposed that the petitioner must make
himself available for interrogation before the investigating
officer on all Mondays and Thursdays between 10 a.m and 11
a.m till the final report is filed. The petitioner later applied for
modification of the conditions and the learned Sessions Judge by
the impugned order dated 05/09/2008 modified the conditions
and directed that the petitioner need appear only on all
Mondays. The said condition is still in force. The petitioner has
come to this court now with the prayer that the conditions
deserve just modification. He prays that he may be permitted to
appear before any police official at Thodupuzha and may not be
obliged to report before the CBCID, Counterfeit squad,
Ernakulam which is now investigating the crime. He has a
Crl.M.C.No.4209/08 2
further grievance about the manner in which he was treated
when he had appeared before the investigating officer on earlier
occasions. The learned counsel for the petitioner, in these
circumstances, prays that the condition may be deleted
altogether.
2. Notice was given to the learned Public Prosecutor.
The learned Public Prosecutor opposes the application and
submits that the investigation is not complete yet. The
investigating officer wants to interrogate the petitioner. The
petitioner is not complying with the modified condition imposed
and he is not appearing before the investigating officer. The
investigating officer, in these circumstances, has been compelled
to complain to the learned Sessions Judge of non-compliance
with the conditions and the said application is now pending
before the learned Sessions Judge. That application was filed on
05/11/2008 and this Crl.M.C has been filed on 23/10/2008.
3. I need only mention that I am not persuaded to agree
that the condition imposed deserves any further modification
now. The learned Sessions Judge shall, of course, consider the
complaint of the investigating officer that the petitioner has not
Crl.M.C.No.4209/08 3
been appearing promptly before the investigating officer in
obedience with the condition. If the petitioner has any specific
complaint in future of any improper treatment against him while
he appears before the investigating officer, he shall, of course,
be entitled to complain specifically of any such improper
treatment before the learned Sessions Judge who had imposed
the conditions and the learned Sessions Judge must pass
appropriate orders on such application. It shall be zealously
ensured by the learned Sessions Judge that the petitioner who
appears before the Investigating Officer as directed by the
learned Sessions Judge is not forced to suffer any harassment or
indignity. It is made clear that the petitioner shall make himself
available for interrogation between 10 a.m and 11 a.m on all
Mondays as already directed in the order dated 05/09/2008.
(R.BASANT, JUDGE)
jsr
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R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008