WILLIAM SILVA Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS criminal miscellaneous case is filed by the petitioner, seeking modification of the condition imposed by the Judicial First Class Magistrate Court, (for the trial of Forest Offences), Nedumangad, in O.R.No.09/2013 of the Forest Range Paruthippally, under Section 482 of the code of Criminal Procedure (hereinafter called 'the Code').

(2.) IT is alleged in the petition that, the petitioner has been falsely implicated in O.R.No.09/2013 of Paruthippally Forest Range, alleging commission of the offence under Section 39(1) (B) of Wild Life Protection Act. He was granted bail, as per order dated 26.03.2012 with conditions inter -alia that, he shall appear before the investigating officer on every Monday and Saturday, but that condition was later modified as per order dated 15.05.2012, directing the petitioner to appear before the investigating officer once in a month. He was complying with the conditions for the last more than two years. So he filed Crl.M.P.No.1696/2013 before the Judicial First Class Magistrate Court, (for the trial Forest Offences), Nedumangad, for lifting this condition, but the learned magistrate has dismissed the application by Annexure -I order. This was challenged by the petitioner before the Sessions Court, Thiruvananthapuram, and the learned Additional Sessions Judge by Annexure -II order dismissed the application. So the petitioner has come before this court, seeking the following relief: "It is most humbly prayed that this Hon'ble Court may be pleased to allow this criminal miscellaneous case by quashing Annexures I and II and delete the condition imposed in the bail order, directing the petitioner to appear before the investigating officer once in a month, to secure the ends of justice".

(3.) HEARD , the learned counsel for the petitioner and the Special Government Pleader for Forest, Shri.Madhavankutty.