Shareef vs The Station House Officer

Thomas P. Joseph, J.—Petitioner is accused in Crime No. 30 of 2011 of Chandera Police Station for offences punishable under Sections 143, 147, 148, 353, 332 and 427 r/w. Section 149 of the Indian Penal Code. Learned Judicial First Class Magistrate, Hosdurg granted bail to the petitioner as per Annexure-A1, order dated February 8, 2011 on C.M.P. No. 991 of 2011 with certain conditions which included that petitioner shall report to the S.H.O concerned on all Tuesdays and Fridays between 10a.m and 11a.m till charge sheet is filed. It is said, petitioner could not comply with that condition on two occasions allegedly due to his illness. Learned Magistrate cancelled the bail and remanded petitioner to judicial custody. Later he was released on bail as per Annexure-A2, order dated May 11, 2011 on C.M.P. No. 3225 of 2011 subject to conditions. Petitioner prays that condition numbers 1, 7 and 8 may be lifted. I have heard learned Counsel for petitioner and the learned Public Prosecutor.

Condition No. 1 in Annexure-A2, order requires petitioner to report to the S.H.O on all Mondays, Wednesdays and Saturdays between 10a.m and 11a.m till final report is filed. As per condition No. 7, petitioner is to appear before the learned Magistrate on all Fridays at 11a.m till final report is filed. Condition No. 8 is that while petitioner reports to the S.H.O, one of the surety shall accompany him.

Having heard learned Counsel and the learned Public Prosecutor I am not inclined to think that so much stringency is required in the matter. It is not necessary that in the course of investigation petitioner should appear before the learned Magistrate. Nor is it necessary that when petitioner reports to the S.H.O a surety should accompany him. So far as petitioner''s appearance before the S.H.O is concerned, it is sufficient that he does so on all Mondays and Saturdays between 10a.m and 11a.m until final report is filed.

This criminal miscellaneous case is allowed in the following lines:

(i) Condition Nos. 7 and 8 imposed by the learned Judicial First Class Magistrate-I, Hosdurg as per Annexure-A2, order dated May 11, 2011 on C.M.P. No. 3225 of 2011 (in Crime No. 30 of 2011 of Chandera Police Station) are lifted.

(ii) Condition No. 1 in the said order is modified to the extent that petitioner need report to the S.H.O only on all Mondays and Saturdays between 10a.m and 11a.m until final report is filed.

(iii) Other conditions imposed by the learned Magistrate in Annexure-A2, order would remain in force.

(iv) This order will take effect from June 04, 2011 onwards.