Biju C R v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 23RD DAY OF FEBRUARY 2015/4TH PHALGUNA, 1936 Crl.MC.No. 937 of 2015 ----------------------- AGAINST THE ORDER IN C.M.P 5416/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR CRIME NO. 350/2013 OF PAYYANNUR POLICE STATION, KANNUR PETITIONER/3RD ACCUSED:

----------------------- BIJU C.R, AGED 34 YEARS, S/O.RAVEENDRAN, CHOOTHATH HOUSE, 43/1249, PACHALAM P.O., ERNAKULAM.

BY ADVS.SRI.E.RAMACHANDRAN SRI.R.UMASANKAR SRI.K.SUDHINKUMAR RESPONDENT/COMPLAINANT AND STATE:

-------------------------------- STATE OF KERALA REPRESENTED BY THE INSPECTOR OF POLICE, CBCID KANNUR SUB UNIT, KOZHIKODE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 937 of 2015 ---------------------- APPENDIX PETITIONER'S ANNEXURES:

------------------------ ANNEXURE-1: COPY OF THE ORDER IN C.M.P NO.7334/2014 DATED 18.11.2014 RESPONDENT'S ANNEXURES:

----------------------- NIL //TRUE COPY// P.A TO JUDGE ab

P.UBAID, J.

--------------------------------------- Crl.M.C No.937 of 2015 --------------------------------------- Dated this the 23rd day of February, 2015 O R D E R The petitioner herein is the 3rd accused in Crime No.350/CR/EOW III/13 of the CBCID Kannur Unit. He was granted bail on certain conditions. One of the conditions is that he shall appear before the investigating officer between 10 am and 11 am on all Mondays till the final report is submitted. He approached the learned Magistrate having jurisdiction to lift the condition. His application filed as C.M.P No.7334/2014 was dismissed by the learned Magistrate on 18.11.2014. The said order is under challenge in this proceeding. Instead of bringing appropriate application under Section 439(1)(b) of the Code of Criminal Procedure the petitioner applied under Section 482 of the Code of Criminal Procedure. Of course it is true that the petitioner cannot find any excuse. Still in the interest of justice this being treated as an application under 439(1)(b) of the Code of Criminal Procedure.

2.

On hearing both sides, I find that the condition imposed by the court below can be appropriately modified. This

Crl.M.C No.937 of 2015 is a crime of 2013. It is not known why investigation lags and final report is delayed. The alleged condition was imposed on 23.8.2014. Now we are in February 2015. In such a situation the condition can be modified, though it cannot be lifted as such. In the result, the Criminal Miscellaneous Case is allowed. The condition imposed by the court below directing the petitioner to report before the investigating officer between 10 am and 11 am on all Mondays will stand modified to the effect that the petitioner shall report before the investigating officer on the first and the 16th working day of every English month between 10 am and 11 am until further orders. P.UBAID JUDGE ab