IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4931 of 2010()
1. SUNIL DUTH, S/O. SHREDHARAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.SANTHARAM.P
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :21/01/2011
O R D E R
THOMAS P. JOSEPH, J.
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Crl.M.C. No.4931 of 2010
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Dated this the 21st day of January, 2011.
ORDER
Petitioner is accused in Crime No.520 of 2010 of Balussery Police
Station for offences punishable under Sections 420, 406 and 376 of the Indian
Penal Code. Learned Sessions Judge, Kozhikode granted bail to the petitioner
but subject to conditions. Conditions included that petitioner shall report to the
Investigating Officer on all days between 8 a.m. and 10 a.m. till trial is
completed, that he shall not enter into the limits of Balussery Police Station
without previous permission except for reporting before the Investigating Officer
and that he shall not leave Kozhikode District without previous permission of the
Investigating Officer. Later petitioner filed Crl.M.P. No.3022 of 2010 for
modification of the conditions. Learned Sessions Judge while retaining
condition Nos.5 and 7 modified condition regarding appearance before the
Investigating Officer as on all alternate days between 8 a.m. and 10 a.m. till trial
is completed. Learned counsel submitted that petitioner is a business man and
that he has to travel through out the State but in view of the conditions imposed
much inconvenience and difficulty is caused to him. Learned Public Prosecutor
submitted that petitioner is involved in three other cases under Section 138 of
the Negotiable Instruments Act within the limits of Chavakkad Police Station, had
absconded in those cases and that he was arrested in one of those cases and
produced before the court of learned Judicial First Class Magistrate-I,
Chavakkad.
Crl.M.C.No.4931/2010
2
2. Having heard learned counsel for petitioner and the Public
Prosecutor, I am not inclined to interfere with the condition regarding entry of
petitioner into the limits of Balussery Police Station or going beyond Kozhikode
District since sufficient provision has been made by the learned Sessions Judge
and petitioner could either enter the limits of Balussery Police Station or go
beyond the Kozhikode District with permission as ordered.
3. So far as the condition requiring attendance of petitioner before the
Investigating Officer on all alternate days is concerned, I am inclined to think
that it would cause inconvenience and difficulty to the petitioner. Hence I am
inclined to modify that condition. It is sufficient that petitioner reports before the
Investigating Officer on all alternate Sundays between 8 a.m. and 10 a.m. until
filing of final report.
Resultantly this petition is allowed in part modifying condition No.2
imposed and modified by the learned Sessions Judge as requiring petitioner to
appear before the Investigating Officer on all alternate Sundays between 8 a.m.
and 10 a.m. until charge sheet is filed.
THOMAS P.JOSEPH,
Judge.
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