SANAFER SHAHUL HAMEED Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who faces allegations under Secs.489(B) and (C) read with Sec.34 of the IPC, was enlarged on bail subject to conditions as per the order dated 27/9/2006 in B.A.No.5367/06 by this Court. The conditions oblige him to appear before the Investigating Officer on all Mondays and Fridays until further orders and not to leave the Sessions Division of Pathanamthitta without prior permission of the learned Magistrate.

(2.) The learned counsel for the petitioner submits that a period of more than three months has elapsed from the date of the order. The petitioner had surrendered earlier before the learned Magistrate on 27/7/06. In these circumstances, the said conditions which are unnecessarily onerous now may be deleted. It is further pointed out that the investigation is being conducted by the CB CID and the petitioner is now obliged to appear before the Investigating Officer at Thiruvananthapuram.

(3.) This application is opposed by the learned Public Prosecutor who submits that the investigation is not complete yet. He further submits that the co-accused has not been arrested so far and the deletion of the conditions now is likely to cause great hardship and difficulties to the petitioner.