This is an application filed by the petitioner, who is the third accused in Crime No. 141/2011 of Bekal Police Station, for modifying the condition imposed in the bail order under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that the petitioner is the third accused in Crime No. 141/2011 of Bekal Police Station which was registered on the basis of the statement given by the de facto complainant alleging commission of the offence under Sections 143, 147, 148, 342, 326 and 307 r/w Section 149 of Indian Penal Code along with other accused persons. He was arrested and he moved this court for bail as B.A No.2915/2011 and as per Annexure A1 order this court has granted bail with conditions inter alia that petitioner shall appear before the investigating officer on all Wednesdays between 9:00 a.m - 11:00 a.m till the final report is filed. He is complying with the condition so far. On account of the condition he is finding it difficult and he cannot go for regular work. The investigation is almost complete. So he prayed for the following relief:
Modify or lift the condition No.1 imposed in order of this Hon'ble Court dated 12.04.2011 in B.A No.2915/2011 in the interest of justice.
3. Heard the learned counsel for petitioner and learned Public Prosecutor.
4. Counsel for petitioner submitted that he was arrested on 11.03.2011 and granted bail with effect from 25.04.2011 and he is complying with the condition so far. The investigation is almost over. So, there is no necessity to retain the condition any longer.
5. The application was opposed by the Public Prosecutor on the ground that the investigation is not over and except the petitioner other accused have not been apprehended so far.
6. I have considered the rival submissions made by both sides.
7. It is an admitted fact that the petitioner was implicated as third accused in Crime No. 141/2011 of Bekal Police Station along with other accused persons alleging offences under Sections 143, 147, 148, 343, 326 and 307 r/w Section 149 of Indian Penal Code. It is also an admitted fact that as per Annexure A1 order in B.A No.2915/2011, this court has granted bail to the petitioner on condition inter alia that the petitioner shall appear before the investigating officer on all Wednesdays between 9:00 a.m and 11:00 a.m, till the final report is filed and, according to the petitioner, he is complying with the condition. Learned Public Prosecutor also had no case that the petitioner had not complied with the condition so far. The only objection raised by the Public Prosecutor is that the investigation is not over and other accused persons are not apprehended so far. It may be mentioned here that the present petitioner has been arrested in the year 2011 and released on bail and he is complying with the condition from the date of release nearly for the last three years. It is not known, even now, as to how much time will be taken for the investigation to complete. So, in this circumstance this court feels that without lifting the condition completely, some modifications can be made so it shall protect the interest of the investigating agency as well. So, condition No.1 imposed by this court is modified as follows.
The petitioner is directed to appear before the investigating officer on the last Saturday of every month between 9:00 a.m and 10:00 a.m for a period of six months and, thereafter, as and when required by the investigating officer for the purpose of interrogation in connection with the above crime, in writing, to do so, till the final report is filed.
With the above modification of the condition, the petition is disposed of.
Office is directed to communicate this order to the concerned court immediately.
K.RAMAKRISHNAN, JUDGE vdv