Allowed

Raja v. State Pf Kerala

Kerala HC8 Aug 2012Crl.MC/948/2012

Case brief

AI extract

What is this about?

The Kerala High Court entertained an application by an accused person seeking modification of bail conditions imposing fortnightly appearances before the Investigating Officer. The court accepted the hardship argument and directed the condition to be modified to once a month.

What did the court decide?

The direction compelling fortnightly appearance was modified to require appearing once a month (first Monday) before the Investigating Officer.

Raja Vs State Pf Kerala — Bail and Remand | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN

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WEDNESDAY, THE 8TH DAY OF AUGUST 2012/17TH SRAVANA 1934

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Crl.MC.No. 948 of 2012 (C)

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[CRIME NO.122/04 OF CHENGAMANADU POLICE STATION]

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PETITIONER/ACCUSED NO.14:

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RAJA,

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S/O. CHINNASWAMY, H.NO.764, BAZAR STREET, AATHUR, SALEM, TAMIL NADU DISTRICT.

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BY ADV. SRI.LIFFY P. FRANCIS.

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT. R. REMA.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Prv.

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CRL.M.C. NO.948/2012-C:

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE 1 : TRUE COPY OF REMAND REPORT DTD.18.2.2010.

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ANNEXURE 2 : TRUE COPY OF BAIL ORDER VIDE C.M.P NO.434/2010 DTD.12.4.2010 OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE-I, ALUVA.

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ANNEXURE 3 : TRUE COPY OF APPLICATION DTD.8.6.2010 AS C.M.P.NO. 687/2010 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA.

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ANNEXURE 4 : TRUE COPY OF ORDER OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA IN C.M.P .NO.687/2010 DTD.22.6.2010.

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ANNEXURE 5 : TRUE COPY OF ORDER OF HIGH COURT IN CRL.M.C.NO.2705/2010 DTD.27.7.2010.

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RESPONDENT'S ANNEXURES: NIL.

//TRUE COPY//

P.A. TO JUDGE.

Prv.

S.S.SATHEESACHANDRAN, J.

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-----------------------------------------------

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Crl.M.C No.948 OF 2012

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------------------------------------------------------Dated this the 8^th day of August, 2012

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ORDER

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Petitioner is the 4th accused in Crime No.8 of 2005 of CBCID-SIG II, Ernakulam where under he is proceeded for the offence under Section 411 of the Indian Penal Code. Petitioner hails from Salem in Tamil Nadu and the direction impugned for enlarging him on bail, which after modification under Annexure 5 order passed by this court directs his appearance before the Investigating Officer once in a fortnight, cause him much hardship and injury, is his case for filing this petition seeking modification of that condition. The learned Public Prosecutor submits the investigation remains to be completed and some of the accused involved in the case are yet to be apprehended. Relaxation of the condition imposed against the petitioner may hamper the investigation of the crime, is the further submission of the learned Public Prosecutor. However, having regard to the fact that the investigation of the crime is pending for quite some time, I find, direction imposed earlier with the modification made under

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Crl.M.C No.948/2012

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Annexure 5 order, compelling the petitioner to appear once in a fortnight before the Investigating Officer, need not be continued as such, and it can be modified to the extent directing him to appear once in a month, ie, on the first Monday of every month before the Investigating Officer at a time between 10:00 A.M and 12:00 noon. Irrespective of the modification of the earlier direction given as above in the case, if the Investigating Officer issues any direction for his presence for the purpose of investigation of the crime, he shall report before him. Further more, he shall also furnish particulars of his residence and also contact number to the Investigating Officer to secure his presence at any point of time till the investigation is completed, and such particulars are to be furnished by him within two weeks from today. Subject to the above directions, modification of the condition directing his presence before the Investigating Officer, as indicated above, is ordered.

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Petition is disposed of.

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S.S.SATHEESACHANDRAN, JUDGE

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vdv

Raja v. State Pf Kerala

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Raja v. State Pf Kerala

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