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2026 Supreme(Online)(Ker) 9564

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ANITHAKUMARI – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 999 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.C.RAJENDRAN, SMT.R.S.SREEVIDYA, SMT.ANN JOMIYA ANTONY
For the Respondents: SRI.C.S.HRITHWIK

Court's inherent power allows modification of bail conditions if compliance is shown and investigation is complete.

Headnote:In this case, the petitioner, an accused in SC No. 400/2024, challenges a bail condition requiring appearance before the Investigating Officer every third Saturday. The court noted compliance with bail conditions and acknowledged that the investigation is complete, leading to the conclusion that the burden of condition No. (ii) is unnecessary. Thus, the court exercises its power to modify the bail conditions favorably for the petitioner. The court ultimately deletes condition No. (ii) while maintaining other bail conditions.

Result: Condition No. (ii) in Annexure A2 common order is deleted.

Table of Content
1. modification of bail condition due to hardship. (Para 2)
2. compliance with bail conditions established. (Para 3)
3. investigation complete, no further necessity for condition. (Para 4)

O R D E R Dated this the 12th day of February, 2026 The petitioner is the accused in SC No. 400/2024 on the file of the Additional Sessions Judge-I, Kollam (‘Bail Court’, in short), which has originated from Crime No. 1596/2023 registered by the Pooyappally Police Station, Kollam.

2. The petitioner has stated in the Criminal Miscellaneous Case that, he was enlarged on bail by the Bail Court, by Annexure A2 common order, subject to conditions. As per condition No.(ii), the petitioner is directed to appear before the Investigating Officer on every third Saturday, till the conclusion of the trial. The petitioner has been scrupulously complying with all the conditions in the bail order. However, as the petitioner is residing in Kollam, condition No.(ii) is causing severe hardship and inconvenience to her. As Sections 77 and 84 of the Juvenile Justice (Care and Protection of Children) Act have been incorporated in the final report, the petitioner is apprehensive that the bail court may not modify condition No.(ii). Therefore, condition No.(ii) in Annexure A2 common order may be set aside/modified.

3. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Undisputedly, the petitioner was enlarged on bail by Annexure A2 common order as early as on 13.09.2024, which is nearly 11/2 years now. The respondent do not dispute the fact that the petitioner has been scrupulously complying with the conditions in Annexure A2 common order.

Considering the fact that the investigation in the case is complete, the final report has been filed and that the petitioner has scrupulously complied with the conditions in the bail order, I am of the definite view that there is no necessity for the petitioner to appear before the Investigating Officer on every third Saturday as stipulated in condition No. (ii) in Annexure A2 common order. Thus, I am satisfied that this is a fit case to exercise the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Surksha Sanhita , 2023.

In the aforesaid circumstances, I allow the Crl.M.C in the following manner:-

(i) Condition No. (ii) in Annexure A2 common order is deleted.

(ii) The petitioner shall continue to comply with condition Nos.(iii) to (vi ) in the said order.

Sd/-

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