This Crl.M.C. is filed by the 12th accused in C.P.No.9 of 2014 on the file of the Judicial First Class Magistrate’s Court-III, Palakkad, to modify the conditions imposed by this Court while granting bail and quash the order in Crl.M.P.No.1692 of 2014 of the learned Magistrate under Section 482 of the Code of Criminal Procedure. 2. It alleged in the petition that he was arrayed as 12th accused in C.P.No.9 of 2014 now pending before the Judicial First Class Magistrate’s Court-III, Palakkad. At the time when he was granted bail by this Court, he was directed to appear before the Station House Officer, Pazhayanoor Police station on every Monday and Saturday between 04.00 pm and 05.00 pm and also required the petitioner not to enter Palakkad District. He was complying with the directions so far. Now the investigation is over and committal proceedings are pending and there is no necessity for these conditions to continue any longer. So he filed an application as Crl.M.P.No.1692 of 2014 before the learned Magistrate for lifting or modifying the conditions. But that was dismissed by the learned Magistrate by Annexure B order. So he has no other remedy except to approach this court seeking the following relief:
“On these and other grounds to be submitted at the time of hearing it is most humbly prayed that this Hon’ble Court may be pleased to set aside Anx.B order and modify condition No.b & d in Anx.A order requiring the Petitioner to report before the Station House Officer at Pazhayanoor police station on every Monday and Saturday between 4 pm and 5 pm and also requiring the Petitioner not to enter Palakkad District and pass such orders as deemed fit to this Hon’ble court.”
3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
4. The learned counsel for the petitioner submitted that in respect of other accused persons, no such conditions were imposed and in view of the fact that the Final Report has already been filed, there is no need to retain these conditions as well.
5. The application was opposed by the learned Public Prosecutor.
6. It is an admitted fact that the petitioner is the 12th accused in the case and he was granted bail by this Court as per Annexure A order whereby he has been directed to appear before the Station House Officer, Pazhayanoor Police station on every Monday and Saturday between 04.00 pm and 05.00 pm until otherwise ordered by the jurisdictional magistrate until committal of the case and thereafter by the learned Principal Sessions Judge concerned and also he should not enter into the Palakkad District without permission of the Magistrate or the Sessions Judge concerned. Now admittedly the investigation is over and the Final Report has already been filed and it is taken on file as C.P.No.9 of 2014 and pending before the Judicial First Class Magistrate’s Court-III, Palakkad. Those conditions are imposed for the purpose of protecting the interest of witnesses and also for allowing the witnesses to depose before the Investigating Officer the true facts. Now that stage is over. Further, it is seen from the order produced by the petitioner as Annexure C that in respect of another accused while granting bail by this Court, no such conditions were imposed. So under such circumstances, this Court feels that there is no necessity to retain these two conditions any longer, in view of the fact that the Final Report has already been filed.
In the result, the Crl.M.C. is allowed and Condition Nos.(b) and (d) imposed by this Court as per Annexure A order are hereby completely lifted. Office is directed to communicate this order to the concerned court immediately.
Sd/-
K. RAMAKRISHNAN, JUDGE.
DSV/24/05