The petitioners herein are accused Nos. 5 and 6 in crime No.294 of 2006 of Ollur Police Station in Thrissur District. After investigation, the police submitted final report against four persons. Those four accused were convicted by the trial court. Thereafter, as observed by the trial court, the police proceeded for further investigation against these two petitioners, and it is going on. They were granted bail by the Court of Session, Thrissur as per order dated 20.8.2014 in Crl.M.C No.1669 of 2014 on conditions. One of the conditions is that the petitioners shall not enter the limits of Sessions Division, Thrissur for six months without the permission of the learned Magistrate having jurisdiction over the area, except for the purpose of reporting before the Investigating Officer in compliance of the condition No.i imposed by the court. The said condition is sought to be set aside under Section 482 of the Code of Criminal Procedure. Crl.M.C No.5392 of 2014 2 2. It is not known why the petitioners did not make application under Section 439 (1) (b) of the Code of Criminal Procedure when that is the right and legal remedy. Anyway, at present I do not find the absolute necessity of setting aside the condition or modifying the condition. The police proceeded for further investigation against these two persons on the basis of the definite observations made by the trial court indicating the absolute necessity of such investigation. The impugned order of the Court of Session shows that definite materials are there against these two persons. In view of the definite possibility of the material witnesses being threatened or influenced by them, the condition imposed by the Court of Session will have to continue for some time. However, the petitioners can later approach the Court of Session itself for necessary modifications, if felt necessary.
In the result, this Crl.M.C is closed without prejudice to the right of the petitioners to approach the Court of Session under Section 439 (1) (b) of the Code of Criminal Procedure.
ma /TRUE COPY/ Sd/- P.UBAID JUDGE P.S TO JUDGE