O R D E R

The petitioner is the 4th accused in Crime No. 336/2023 of Varkala Police Station, Thiruvananthapuram. The above case is registered alleging offences punishable under Secs. 143, 147, 148, 294(b), 341, 323, 324, 308 r/w Sec.149 IPC . He was granted pre-arrest bail by the lower court as per Annexure-B order. As per condition No. 6 in Annexure-B order, the petitioner was refrained from leaving the State of Kerala without prior permission. The petitioner filed an application under Sec. 205 Cr.P.C. for exemption before the Magistrate Court. That was dismissed as per Annexure-C order. The petitioner also approached the Sessions Court with the same prayer and that was also dismissed as per Annexure-D order.

2. After going through Annexures-C and D orders, I am of the considered opinion that what the lower court said is correct. An application under Sec. 205 Cr.P.C. is not maintainable when the case is under investigation. Now, the petitioner submitted that the final report is filed before the court concerned. If that is the case, the petitioner can file a fresh petition and if such a petition is filed, there can be a direction to consider the application.

Therefore, this Crl.M.C.