(1.) PETITIONER is the first accused in Crime No.7 of 2011 of Kodenchery Police Station and C.C.No.86 of 2011 of the court of learned Judicial First Class Magistrate-II, Kozhikode for offences punishable under Sections 341, 323 and 326 read with Section 34 of the Indian Penal Code. Learned Sessions Judge granted petitioner bail subject to conditions and complying with the conditions petitioner executed bond and got released on bail. Thereafter petitioner approached this Court for modification of conditions 4 and 5 since according to petitioner, he has got employment abroad and if he does not join he will lose it. This Court directed petitioner to move the learned Sessions Judge. Accordingly petitioner filed Crl.M.P.No.831 of 2011 (in Crl.M.C.No.67 of 2011) before learned Sessions Judge, Kozhikode in Crime No.7 of 2011 of Kodenchery Police Station. Learned Sessions Judge found that having regard to the circumstances, request for modification of conditions 4 and 5 cannot be allowed and observed that case could be put for day today trial. Learned counsel submitted that petitioner has to join duty abroad by June 5, 2011. He is prepared to abide by any condition that may be imposed by this Court. It is contended that in case of any dispute regarding identity of petitioner during trial petitioner is prepared to appear in court and take part in the trial. I have heard learned Public Prosecutor also. Learned Public Prosecutor submitted that trial could be conducted without delay.
(2.) LEARNED counsel for petitioner states before me that the case is posted for first appearance on May 11, 2011. Naturally it will take some time for the formalities to be complied before the case could be put up for trial. There is no reason why petitioner should be detained at his native place which will only cost him his job. In the circumstances I am inclined to relax the conditions subject to stringent conditions so that trial is not stalled. Resultantly this Criminal Miscellaneous Case is allowed. Annexure -4, order dated March 25, 2011 on Crl.M.P.No.831 of 2011 (in Crl.M.C.No.67 of 2011) of the court of learned Sessions Judge, Kozhikode in Crime No.7 of 2011 of Kodenchery Police Station is set aside, Crl.M.P.No.831 of 2011 is allowed and conditions 4 and 5 imposed by learned Sessions Judge in Annexure-1, order are modified as below, subject to conditions: