IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3172 of 2008()
1. YOUNUS, S/O.AVARAN, VEMBANADU HOUSE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.M.HABEEB
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/08/2008
O R D E R
R.BASANT, J
------------------------------------
Crl.M.C. No.3172 of 2008
-------------------------------------
Dated this the 29th day of August, 2008
ORDER
Petitioner faces allegations in a crime registered alleging
offences punishable under Section 509 I.P.C and Sections 67 and
68 of the Information Technology Act. The crux of the
allegations against the petitioner is that he, who was working as
a colleague of the defacto complainant under a private employer,
had taken photographs of the defacto complainant and had
misutilised them to block the chances of the defacto complainant
getting married and also to insult, annoy and defame her. On
the complaint of the defacto complainant, the crime was
registered. The petitioner came to this Court to claim
anticipatory bail. As per directions of this Court, the petitioner
surrendered before the learned Magistrate. The learned
Magistrate directed release of the petitioner on bail subject to
conditions. The conditions imposed include the obligation to
surrender the passport, not to leave Kozhikode District without
prior permission of the court and to make himself available for
interrogation before the Investigating Officer between 9 a.m and
10 a.m on all Mondays and Saturdays until further orders. All
Crl.M.C. No.3172 of 2008 2
the conditions have been complied with. The petitioner has been
observing the conditions from 09.06.08. Investigation is not
complete. The petitioner now wants the conditions imposed to
be modified. He moved the learned Magistrate. The learned
Magistrate dismissed the application. The petitioner has hence
come before this Court.
2. The learned counsel for the petitioner submits that
the present conditions imposed on him are fettering his option to
work at Madras and earn his livelihood. According to the
petitioner, he secured an employment in Madras and the
petitioner shall be satisfied if the conditions imposed are
appropriately modified to enable him to work and earn his
livelihood by residing at Madras. The conditions may suitably be
modified, it is submitted.
3. The learned Public Prosecutor opposes the
application. The learned Public Prosecutor submits that it is too
early to direct modification of the conditions imposed.
4. I have considered all the relevant circumstances. I am
satisfied that subject to appropriate safeguards, conditions
imposed can be modified. The petitioner can be permitted to
leave Kozhikode District and to proceed to his place of
Crl.M.C. No.3172 of 2008 3
employment to work and earn his livelihood. The condition that
the petitioner must appear before the Investigating Officer on all
Mondays and Saturdays between 9 a.m and 10 a.m can also be
suitably modified. The police can be given opportunity to
interrogate the petitioner on successive days immediately and
thereafter the frequency of such interrogation can be reduced.
5. This Crl.M.C is, in these circumstances, allowed in
part. The conditions imposed on the petitioner are modified to
the following extent. All other conditions shall remain.
i) The petitioner is permitted to leave Kozhikode District
to proceed to Madras to work and earn his livelihood.
ii) The petitioner shall make himself available for
interrogation before the Investigating Officer between 9 a.m and
3 p.m on 03.09.08, 04.09.08, 05.09.08 and 06.09.08. During this
period, every endeavour shall be made by the Investigating
Officer to complete the investigation.
iii) Thereafter the petitioner shall make himself available
for interrogation before the Investigating Officer between 10 a.m
and 3 p.m on all Sundays following the Second Saturdays until
further orders.
Hand over a copy of this order to the learned Public Prosecutor.
(R.BASANT, JUDGE)
rtr/-