This criminal miscellaneous case is filed by the petitioners, seeking certain modifications for a temporary period in the condition imposed by the Chief Judicial Magistrate, Pathanamthitta, in criminal M.P.985/2014 and 923/2014 in CBCID Crime 396/CR/DOW-I/KLM, under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that, the petitioners were arrayed as accused in crime No.424/2011 of Adoor police station, which is now pending with Crime Branch as CBCID Crime 396/CR/DOW-I/KLM, and they were granted bail as per Annexure-1 order dated 11.03.2014 and 12.03.2014, imposing certain conditions. Condition No. 4 is that 'petitioner shall not leave the jurisdiction of the court without prior permission' and they shall report before the investigating officer on all Mondays between 9.00 a.m. to 10.00 a.m., till the charge sheet is filed. As per the order of this court, learned magistrate was granted liberty to consider and modify the conditions if required and applied for before that court. Accordingly, they filed Crl.M.P. No.985/2014 and 923/2014 for this purpose and the learned Chief Judicial Magistrate, by Annexure-AIII order, modified the condition and directed 'the petitioners to appear before the investigating officer on alternate Mondays between 10.00 a.m. and 12.00 noon and they shall not leave state of Kerala without permission of that court'. They have now received summons from the Directorate of Enforcement to appear before them at New Delhi on 01.07.2014 as per Annexure-V notice. They may not be able to comply with the condition for some period, as they will have to appear before the Directorate of Enforcement, New Delhi, in compliance of the summons. So, they want some relaxation for a temporary period in this regard. So they filed this application, seeking the following relief:
“It is most humbly prayed that this Hon'ble court may be pleased to relax the condition imposed by the Chief Judicial Magistrate Court, Pathanamthitta, while granting bail to the petitioner in Case No.Cr. CBCID.396/CR/DOW-I/KLM in 424/2011 dt.11.3.2014 and 12.3.2014 and permit the petitioners to go to New Delhi for reporting before the Directorate of Enforcement”.
3. Heard both sides.
4. The counsel for the petitioners submitted that, in view of the condition imposed, they will be unable to go out of Kerala and they will have to appear before the investigating officer on alternate Mondays and since they received summons from the Directorate of Enforcement, New Delhi, if they do not appear, action will be taken against them as well. So they prayed for some relaxation in the condition for a temporary period.
5. The application was opposed by the learned Public Prosecutor.
6. It is an admitted fact that, the petitioners were arrayed as accused in the above crime and this court as per Annexure-II order granted bail to them with conditions inter-alia that, they should not leave State of Kerala without prior permission from the Judicial Magistrate concerned and also they must appear before the investigating officer and permitted the petitioners to move the court for modification, if any required on later stage. It is on that basis, the petitioners filed C.M.P. Nos.985/2014 and 923/2014 and the learned magistrate by Annexure-III order modified the condition, directing the petitioners to appear before the investigating officer on alternate Mondays and they should not leave State of Kerala without permission of that court. Annexure-A5 produced along with the petition shows that, the petitioners have been directed to appear before the Directorate of Enforcement, in respect of certain enquiry on 01.07.2014. So they will have to leave State of Kerala for that purpose. The counsel also submitted that, they may require some time, as the enquiry may go for some more time.
So considering the circumstances, this court feels that, the condition directing the petitioners to appear before the investigating officer on alternate Mondays and they should not leave State of Kerala are directed to be kept in abeyance for a period of one month from today and thereafter, they will have to comply with the conditions.
With the above modification, the criminal miscellaneous case is disposed of. Office is directed to communicate this order to the concerned court, immediately.
Sd/-
K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss