Gipson Thomas vs. State Of Kerala - Kerala High Court, 06 November 2020

Dated this the 6th day of November 2020 The above Crl.M.C is filed under Section 482 of the Criminal Procedure Code for lifting condition No.2 in order dated 28.9.2020 in C.M.P. No.3099/2020 on the file of Judicial First Class Magistrate Court-II, Pathanamthitta (Crime No.2268/2020 of Koippuram Police Station).

As per the above order, the learned Magistrate released the petitioner on bail under Section 437 of Cr.PC. The 2nd condition in the bail order is to appear before the Investigating Officer every Tue ay and Friday in between 10 a.m and 11 a.m for a period of two months. The petitioner want to delete this condition.

The learned counsel for the petitioner submitted that the petitioner is doing a business at Coimbatore. The petitioner is facing difficulty in appearing before the Investigating Officer twice in a week. The counsel submitted

Crl.MC.No.4874 OF 2020 3 that the petitioner is ready to appear before the Investigating Officer as and when required by the Investigating Officer.

The learned Public Prosecutor submitted that there can be a direction to the petitioner to appear before the Investigating Officer as and when required.

After hearing both sides, I think condition No.2 in Annexure 1 order can be modified. Therefore, this Crl.M.C is allowed. The condition No.2 in Annexure 1 order is modified to the effect that the petitioner shall appear before the Investigating Officer as and when required. P.V.KUNHIKRISHNAN JUDGE SSK/06/11

Crl.MC.No.4874 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE-1 THE COPY OF ORDER IN CMP NO.3099/2020 IN CRIME NO.2268/2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PATHANAMTHITTA DATED 28.09.2020. ANNEXURE-2 THE COPY OF PARTNERSHIP DEED OF OASIS INDUSTRIES, COIMBATORE, DATED 21.06.2018. ANNEXURE-3 THE COPY OF GST REGISTRATION OF OASIS INDUSTRIES, COIMBATORE. RESPONDENT'S EXHIBITS:NIL SSK //// PA TO JUDGE