Anes v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 27TH DAY OF DECEMBER 2013/6TH POUSHA, 1935 Crl.MC.No. 6598 of 2013 --------------------------- CMP NO. 9508/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I,ATTINGAL CRIME NO. 1471/2013 OF ATTINGAL POLICE STATION , THIRUVANANTHAPURAM ...

PETITIONER(S):ACCUSED:

---------------------------------------- ANES,S/O.ABDUL GAFFAR, AGED 30 YEARS, ARAFA MANZIL, KADAKKAL, KOLLAM DISTRICT.

BY SRI.K.JAJU BABU,SENIOR ADVOCATE ADV.SRI.BRIJESH MOHAN RESPONDENTS/STATE & COMPLAINANT:

------------------------------------------------------------- 1.

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM -31.

2.

THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, THIRUVANANTHAPURAM - 695 101.

R1 & R2 BY PUBLIC PROSECUTOR SRI.P.S.SAJEEV THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Kss

Crl.M.C.No.6598/2013 APPENDIX PETITIONER'S ANNEXURE:

ANNEX.A1:

COPY OF THE ORDER DATED 20/12/2013 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, ATTINGAL IN CMP NO.9508/2013.

RESPONDENT'S ANNEXURES:

N I L /TRUE COPY/ P.A.TO JUDGE Kss

A.V.RAMAKRISHNA PILLAI, J.

-------------------------------------------------- Crl.M.C.No.6598 of 2013 --------------------------------------------------- th day of December, 2013 Dated this the 27

O R D E R

The petitioner is the accused in Crime No.1471 of 2013 of Attingal Police Station on the file of the Judicial First Class Magistrate Court-1, Attingal. The crime has been registered alleging offences punishable under Section 420 of the Indian Penal Code.

2. On 20.12.2013, the learned Magistrate granted bail to the petitioner subject to certain conditions. One of the conditions is that the petitioner shall appear before the Investigating Officer on all Saturdays between 10 am. and 12 noon until further orders. The learned counsel for the petitioner would submit that no offence of cheating is involved and the matter relates to a contractual obligation. The petitioner alleges that he will have to leave for China within a week to fulfil certain other contractual undertaking by him. Therefore, nd condition.

he prays for lifting of 2

3. The learned counsel for the petitioner submitted that lifting of the aforesaid condition can be limited for a period of four weeks so that the petitioner shall be able to perform his

Crl.M.C.No.6598 of 2013 contractual obligations.

4. In the light of the entire facts and circumstances of the case, the petition is disposed of lifting condition No.2 in Annexure-A1 bail order for a period of four weeks from today. After the expiry of the aforesaid period, the petitioner shall appear before the learned Magistrate and shall comply with the conditions in the bail order thereafter.

A.V.RAMAKRISHNA PILLAI JUDGE mns/