High Court of Kerala
Case Law Search
M. BALAMURALIKRISHNAN v. STATE OF KERALA - Crl MC No. 4038 of 2006  RD-KL 3815 (19 December 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 4038 of 2006()
1. M. BALAMURALIKRISHNAN,
1. STATE OF KERALA,
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
O R D E R
R.BASANT, J.Crl.M.C.NO.4038 OF 2006
Dated this the 19th day of December, 2006.
ORDERThe petitioner is the 2nd accused in a crime, inter alia, under Sections 326 & 307 read with 149 I.P.C. The petitioner surrendered and was in judicial custody from 03.10.2006. By order dated 12.10.2006, another Bench of this Court had directed release of the petitioner on bail subject to conditions, inter alia, that the petitioner shall not enter the Sessions Division of Manjeri for a period of 3 months. The petitioner came to this Court earlier with a prayer to delete the said condition. The said petition was dismissed, but with the observation that the petitioner can come to this Court again with such request, not at any rate, prior to 12.12.2006. Accordingly the petitioner has come to this Court now.
2. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that threat to the law and order situation is perceived if the petitioner were permitted to be present at and near the scene of the crime before elapse of the period of 3 months stipulated by the Court which granted bail. The petitioner and the victim are co- Crl.M.C.NO.4038 OF 2006 2 teachers in the same school. Presence of the petitioner at the scene of the crime will be dangerous and a threat to the law and order situation. In these circumstances the prayer may not be granted, submits the learned Public Prosecutor.
3. The condition that the petitioner should not enter the Sessions Division is to remain only till 12.01.2007 and in these circumstances, I am not persuaded to agree that the said condition deserves to be deleted now. I am satisfied that the other conditions imposed need not also to be modified or altered at this stage when the investigation is not complete.
4. This petition is, in these circumstances, dismissed. R.BASANT
Double Click on any word for its dictionary meaning or to get reference material on it.