RAKESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is one of the accused who faces allegations, inter alia, under Secs.326, 307 and 120B of the IPC. He was enlarged on bail as per order dated 3/11/2006 subject to conditions including the condition that he shall not enter the Sessions Division of Kollam for a period of four months and shall thereafter make himself available for interrogation before the Investigating Officer on the first working day of every month.

(2.) The learned counsel for the petitioner submits that the petitioner is facing grave difficulties on account of the conditions imposed. He has secured employment abroad. He wants to leave for his place of employment. If the conditions were continued to be insisted, he will lose his opportunity for employment abroad. Considering the peculiar circumstances of this case, the condition that the petitioner should report before the Investigating Officer after the elapse of four months from 3/11/2006 may be dispensed with. This, in short, is the prayer. The learned counsel for the petitioner undertakes that the petitioner shall appear before the Investigating Officer or the court as and when directed if reasonable time is given to him to return from his place of employment abroad.

(3.) This application is not seriously opposed by the learned Public Prosecutor. But the learned Public Prosecutor submits that the presence of the petitioner later when required may be assured and insisted.