Kerala High Court
Rajesh.K.R vs State Of Kerala on 17 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:77309
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
CRL.MC NO. 7880 OF 2024
CRIME NO.793/2022 OF GURUVAYOOR POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED 16.08.2024 IN CRMP
NO.4267 OF 2024 OF ADDITIONAL SESSIONS COURT(ADHOC) III,
THRISSUR
PETITIONER/1ST ACCUSED:
RAJESH.K.R
AGED 44 YEARS
S/O RAGHAVAN, KANDARATH HOUSE, PUNNAMPARAMBU DESOM,
MANALITHARA VILLAGE, THRISSUR DISTRICT, PIN -
680589
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV. SREEJA V., (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No.7880 of 2024 2
2024:KER:77309
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C. No.7880 of 2024
...................................................
Dated this the 17th day of October, 2024
ORDER
Petitioner is the first accused in Crime No.793/2022 of
Guruvayoor Police Station. Petitioner was granted bail by the III
Additional District and Session's Court, Thrissur in the aforesaid crime
after imposing conditions. One of the conditions stipulated that,
petitioner shall appear before the investigating officer once in a week.
Subsequently, by order dated 16.08.2024 in Crl.M.P No.4267/2024, the
learned Session's Judge modified the said condition and directed that
petitioner needs to appear before the investigating officer every
alternate Saturdays, between 9 a.m and 10 a.m, until the Final Report is
filed. Petitioner challenges the aforesaid order.
2. I have heard, Sri. C. Dheeraj Rajan, the learned counsel
for the petitioner as well as Smt. Sreeja V., the learned Public Prosecutor.
3. Petitioner is alleged to have committed the offences
punishable under Sections 406 and 420 read with Section 34 of the
Indian Penal Code, 1860 and Section 3 read with Section 21 of the
2024:KER:77309
Banning of Unregulated Deposit Schemes Act, 2019. Petitioner was
granted bail on 23.01.2023 and he was released from judicial custody on
26.05.2023 and from that date till 16.08.2024, he was appearing before
the investigating officer every week and thereafter, on every alternate
Saturdays. Till date the final report has also not been filed.
4. Having regard to the continuance of investigation,
indefinitely I am of the view that the continuous appearance of the
petitioner before the investigating officer is too onerous a condition. I
am satisfied that, the condition directing the appearance of the petitioner
before the investigating officer on every alternate Saturday is liable to be
deleted.
5. Accordingly, Annexure 2 order, to the extent it directs
the appearance of the petitioner before the investigating officer on every
alternate Saturday is deleted. It is however, clarified that the petitioner
shall appear before the investigating officer, as and when called upon.
This Criminal Miscellaneous Case is allowed, with the above
directions.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
2024:KER:77309
PETITIONER ANNEXURES
ANNEXURE 1 THE TRUE COPY OF CRL.M.P 4267/2024 DATED
13.06.2024 FILED BY THE PETITIONER BEFORE III
ADDITIONAL DISTRICT AND SESSION'S JUDGE,
THRISSUR
ANNEXURE 2 THE TRUE COPY OF THE ORDER DATED 16.08.2024 IN
CRL.M.P 4267/2024 OF COURT OF III ADDITIONAL
DISTRICT AND SESSION'S JUDGE, THRISSUR
