K K SALIM Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the accused facing trial in S. C. 708/2004. The offence alleged is under section 55 (a) of the Abkari Act. Petitioner was originally granted bail. Subsequently he failed to appear inspite of steps taken under section 82 and 83 of Code of Criminal Procedure. Subsequently he surrendered on 5. 5. 2009 as directed by this court in Crl. M. C. 1193/2009. He was granted bail by additional Sessions Judge on 8. 5. 2009. A condition was incorporated that petitioner shall report before the Chief Ministerial Officer of the Sessions court on every working day between 11 a. m and 12 noon. Petitioner later on filed Crl. M. P. 1437/2009 before the Sessions Court to delete that condition. Under Annexure 2 order the petition was dismissed. This petition is filed under section 482 of Code of Criminal Procedure to quash Annexure 2 order and to delete the condition for appearance before the Chief Ministerial Officer.

(2.) LEARNED counsel appearing for the petitioner and the learned Public prosecutor were heard.

(3.) A report was called for from Additional Sessions Judge to report why a condition was incorporated directing the petitioner to report before the Chief ministerial Officer of the Court on every working day when the Sessions Case is pending trial. The report of the Additional Sessions Judge shows that the said condition was imposed for the failure of the petitioner to abide by the conditions granting bail as he was originally granted bail and later absconded for the purpose of giving a proper message.