SASIKUMAR Vs. EXCISE INSPECTOR AND STATE OF KERALA

JUDGEMENT

(1.) Petitioner is accused in O.R. No. 1 of 2011 of Konni Excise Range for offence punishable under Section 55(g) of the Abkari Act. Learned Sessions Judge, Pathanamthitta granted Petitioner bail but on condition that he shall report to the Investigating Officer on all Saturdays and Tuesdays between 10.00 a.m and 12 noon for a period of three months from 09.02.2011 or till filing of final report whichever is earlier. Grievance of Petitioner is that since he had preferred complaints against the Investigating Officer to various authorities he is being harassed by the Investigating Officer on appearance before the said Officer. It is stated that on 09.03.2011 Petitioner was detained from 9.00 a.m to 4.00 pm in the office of the said Officer. Petitioner filed Crl.M.P. No. 283 of 2011 for modification of said condition. But the learned Sessions Judge considering the objection of the Investigating Officer dismissed that petition. Hence this petition. Learned Counsel submits that Petitioner is prepared to appear before Circle Inspector of Excise, Pathanamthitta on the dates directed in Annexure-1, order dated 05.02.2011. I have heard learned Public Prosecutor also.

(2.) I am not going into the correctness of allegations made by Petitioner. Having regard to the circumstances stated, I consider it sufficient to direct Petitioner to appear before the Circle Inspector of Excise, Pathanamthitta on the dates directed by the learned Sessions Judge in Annexure-1, order dated 05.02.2011. At the same time he has also to report to the Investigating Officer as and when required by that Officer in connection with investigation of the case.