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2025 Supreme(Online)(Ker) 50911

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
JUDE K.L – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9515 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.B.RAGHUNATHAN, SRI.M.SALIM, SHRI.R.SRINATH, SRI.K.JALADHARAN, SRI.V.M.JACOB, SRI.V.MANOJ
For the Respondents: SPL PP VACB- RAJESH.A, SR PP VACB - REKHA.S

Court has the authority to modify conditions of bail, provided that investigation status justifies such changes.

Headnote:This case concerns a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the petitioner seeks to modify certain bail conditions imposed by the Special Judge. The court finds that most conditions can be lifted as the investigation is nearly complete. The court ultimately allows part of the prayer by lifting conditions Nos.3 and 6, while dismissing the prayer regarding condition No.2 as not pressed.

Table of Content
1. details of the petitioner's request and conditions imposed. (Para 2 , 3)
2. investigation completion justifies lifting of bail conditions. (Para 4)
3. court's directive on modification of bail conditions. (Para 5)

ORDER

Dated this the 12th day of November, 2025 This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023, by the petitioner, who is the accused in Crime No.V.C.03/2025/TSR of VACB, Thrissur, seeking the following prayer:

For these and other grounds to be submitted at the time of hearing, it is humbly prayed that this Honourable Court be pleased to allow this Criminal Miscellaneous Case and set aside conditions No.2 and 3 (6) in Annexure B in Crl.MP No.161 of 2025 dated 24.2.2025 and to set aside Annexure D order in Crl.MP No.647 of 2025 in VC 03/2025/TSR dated 21.6.2025 of the Enquiry Commissioner and Special Judge, Thrissur.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor, in detail. Perused the relevant materials available and the objection report of the Dy.S.P, VACB, Thrissur.

3. When this matter is taken up for consideration, the learned counsel for the petitioner submitted that, insofar as condition Nos.2, 3 and 6 imposed by the Special Judge, while passing Annexure-B order in Crl.M.P. No.161/2025 dated 24.02.2025, is concerned, the petitioner is aggrieved. According to him, since the investigation has been almost completed, condition Nos.3 and 6 may be lifted, with liberty to the petitioner to meet the study requirements of his daughter, who got appointment to Medical College, Ranchi.

4. On perusal of the objection report filed by the Investigating Officer on par with the arguments tendered, it could be seen that the investigation is almost complete. Therefore, condition No.3 in Annexure-B order can be lifted, with direction to the petitioner to meet the Investigating Officer as and when required. At this stage, there is no necessity to continue condition No.6 also. Insofar as the relief sought for by the petitioner regarding lifting of condition No.2 in Annexure-B order, the same is not pressed.

5. In view of the above, this petition stands allowed in part by interfering Annexure-D order. Accordingly, condition Nos.3 and 6 in Annexure-B order stand lifted, with direction to the petitioner to meet the Investigating Officer as and when required. The prayer to lift condition No.2 stands dismissed as not pressed.

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