Reghu C.P. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 Crl.MC.No. 984 of 2015 () -------------------------- CRMP 4135/2014 of D.C. & SESSIONS & MACT,KASARAGOD CRIME NO. 308/2013 OF VIDYA NAGAR POLICE STATION , KASARGOD DISTRICT ================= PETITIONER/PETITIONER/ACCUSED NO.5:

------------------------------------------------------------- REGHU C.P,. AGED 46 YEARS S/O.PURUSHOTHAMAN, RESIDING AT N.H.ROAD, CHENNAPARAYIL MURIKKASSERRY, VATHIKKAD VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT/RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 984 of 2015 () APPENDIX PETITIONER'S EXHIBITS ----------------------------------- ANNEXURE-A: PHOTOCOPY OF THE COMMON ORDER DATED 3.5.2014 IN CRL.M.P NOS.995/2014, 996/2014 AND 997/2014 PASSED BY THE SESSIONS COURT, KASARAGOD.

ANNEXURE-B: PHOTOCOPY OF THE COMMON ORDER DATED 15.7.2014 IN CRL.M.P NOS.2679/2014, 2680/2014 AND 2681/2014 PASSED BY THE SESSIONS COURT, KASARAGOD ANNEXURE-C: PHOTOCOPY OF THE COMMON ORDER DATED 18.11.2014 IN CRL.M.P.NOS.4136/2014 & 4137/2014 PASSED BY THE SESSIONS COURT, KASARAGOD ANNEXURE-D: CERTIFIED COPY OF THE ORDER DATED 4.11.2014 IN CRL.M.P NO.4135/2014 PASSED BY THE SESSIONS COURT, KASARAGOD. RESPONDENT'S EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C.No.984 of 2015 --------------------------------------- Dated this the 2nd day of March, 2015

O R D E R

The petitioner herein is the accused No.5 in Crime No.726/2013 of the Kasaragod Police Station, and also in Crime No.308/2013 of the Vidyanagar Police Station, both registered under the provisions of the Narcotic Drugs and Psychotropic Substances Act. In one crime, the quantity of ganja involved is commercial quantity, whereas in other crime it is between the commercial quantity and the small quantity. The petitioner was granted bail by the Court of Session, Kasaragod on 03.05.2014 as per the common order in Crl.M.P.Nos.995/2014, 996/2014 and 997/2014. Hew was granted bail on certain conditions. One condition is that he shall report before the investigating officer on the third Wednesday of every English month, between 3 p.m. and 5 p.m., and another condition is that he shall appear before the Dy.S.P.(Administration), Idukki on every Monday, Thursday and Saturday till final report is filed. The condition to appear before the investigating officer on the third Wednesday stands

Crl.M.C.No.984 of 2015 modified. Still he is aggrieved by the other condition directing to report before the Dy.S.P., on all Mondays, Thursdays and Saturdays. An application filed by him before the learned Sessions Judge to modify the condition was dismissed. Now, he is before this Court under Section 482 Cr.P.C. It is submitted that investigation is still in progress, and that the investigating officer may require some more time to submit final report. However, I am not inclined to pass orders lifting the condition. Some modification of the condition will do justice to the petitioner in the present circumstance. Instead of three days in a week, he can report before the Dy.S.P. once in a week.

Accordingly. The impugned condition will stand modified to the effect that the petitioner shall report before the Dy.S.P., Idukki, between 10 a.m. and 11 a.m. on all Mondays, till final report is filed.

Sd/- P. UBAID, JUDGE sd