M.S BALASUBRAMANIAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner herein was arrested on 20.07.2018 in Crime No.549 of 2011 of Varappuzha Police Station for offences punishable under sections 366A, 372, 373, 376, 354 and 109 r/w 34 of the Indian Penal Code and Section 26 of the JJ Act. He was granted bail by the order of the learned Sessions Judge dated 21.08.2018, interalia, on conditions that, he shall appear before the investigating officer on every Saturday between 9 a.m. and 10 a.m. till final report is laid and he shall not leave the Ernakulam District without getting prior permission of the court concerned till the disposal of the case.

(2.) Aggrieved by the above order and contending that, virtually, order granting bail has been rendered nugatory by the imposition of above two conditions, petitioner has approached this Court. Learned counsel for the petitioner brought to my notice that the petitioner is a permanent resident of Kolar in Karnataka District and is employed in a company in Bangalore. Annexure-IV is a letter issued by the company directing him to attend the company without default. The apprehension of the petitioner herein is that, the above conditions will stand in the way of his employment and thereby affecting his livelihood.

(3.) Learned Public Prosecutor, on instructions, submitted that the investigation has substantially progressed as against the petitioner herein and final report is being prepared.