Petitioner, an accused, sought modification of an anticipatory bail order's condition to appear before police. Court noted final report was filed, ending the obligation, and disposed of the matter without modification.
None; held condition automatically ceased as final report was filed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
WEDNESDAY, THE 18TH DAY OF JUNE 2014/28TH JYAISHTA, 1936
Crl.MC.No. 3215 of 2014 ()
AGAINST THE ORDER IN CRL.M.C.NO. 751/2014 of II ADDITIONAL SESSIONS COURT, ERNAKULAM DATED 17-05-2014 CRIME NO. 1201/2014 OF ALUVA POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED IN CRIME NO. 1201/2014 OF ALUVA POLICE STATION:
JAFFER KHAN, AGED 50 YEARS, S/O.OUKKAN HAJI, KARUVALIYIL HOUSE, VENGOLA P.O., PERUMBAVOOR.
BY ADVS.SRI.PRAVEEN K. JOY
SRI.T.A.JOY
RESPONDENTS/STATE:
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH S I OF P OLICE, ALUVA
BY PUBLIC PROSECUTOR SMT.P.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AS
Crl.MC.No. 3215 of 2014
APPENDIX
PETITIONER(S)' EXHIBITS:
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A. TO JUDGE
AS
K. RAMAKRISHNAN, J.
Crl. M.C. No.3215 of 2014
Dated this the 18th day of June, 2014
O R D E R
This criminal miscellaneous case is filed by the petitioner, who is the accused in Crime No. 1201/2014 of Aluva police station, to modify the condition imposed in Crl.M.C.751/2014 of Sessions Court, Ernakulam, under Section 482 of the Code of Criminal Procedure (hereinafter called 'the Code').
2
Crl. M.C.3215 of 2014
a.m, till filing of the final report. This condition is being challenged by the petitioner on the ground that, being a business man it causes difficulty for him to appear before the investigating officer and he wants to lift that condition or modify that condition suitably.
When the application come up for hearing today, learned Public Prosecutor submitted that, final report has already been filed and the condition to appear is only limited to the date of filing of the final report. So there is no necessity for the petitioner to appear before the investigating officer, as per the instruction given by the investigating officer to the learned Public Prosecutor. Since final report has already been filed as submitted by the learned Public Prosecutor, there is no necessity to modify the condition, as the condition will be automatically ceased on filing of the final report. In view of the fact that final report has already been filed, there is no necessity to
Crl. M.C.3215 of 2014
3
modify or lift the condition as requested for in the petition, as it has come to an end by filing the final report. So the criminal miscellaneous case is disposed of accordingly.
Sd/-
K. Ramakrishnan, Judge
// True Copy //
P.A. to Judge
ss
1 issue framed by the court
Whether the condition in the anticipatory bail order requiring the accused to appear before the investigating officer needs to be modified in view of the filing of the final report?
1 provisions across 1 enactments
Jaffer Khan
State of Kerala
K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
