IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7944 of 2010()
1. SAINU, AGED 29 YEARS,
... Petitioner
2. ANAS, AGED 21 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.MANOJ RAMASWAMY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :21/12/2010
O R D E R
V.RAMKUMAR, J.
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Bail Application No.7944 of 2010
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Dated this the 21st day of December, 2010
ORDER
Petitioners, who are accused Nos.1 and 3 in Crime
No.1149/2010 of Kunnikode Police Station for offences punishable
under Sections 143, 147, 148, 452, 294(b), 506(ii) 354, 323 and
427 read with Section 149 I.P.C., seek anticipatory bail.
2. The learned Public Prosecutor opposed the application.
3. After evaluating the factors and parameters which
are to be taken into consideration in the light of paragraph 122
of the verdict dated 2-12-2010 of the Apex Court in
Siddharam Satlingappa Mhetre v. State of Maharashtra and
Others (2010(4) KLT 930), I am of the view that anticipatory
bail cannot be granted in a case of this nature, since the
investigating officer has not had the advantage of interrogating
the petitioners. But at the same time, I am inclined to permit
the petitioners to surrender before the Investigating Officer for
the purpose of interrogation and then to have their application
for bail allowed by the Magistrate or the Court having
jurisdiction. Accordingly, the petitioners shall surrender before
B.A.No.7944/2010 2
the investigating officer on 30.12.2010 or on 31.12.2010 for
the purpose of interrogation and recovery of incriminating
material, if any. In case the investigating officer is of the view
that having regard to the facts of the case arrest of the
petitioners is imperative he shall record his reasons for the
arrest in the case diary as insisted in paragraph 129 of
Siddharam Satlingappa Mhetre’s case (supra). The
petitioners shall thereafter be produced before the Magistrate or
the Court concerned and permitted to file an application for
regular bail. In case the interrogation of the petitioners is
without arresting them, the petitioners shall thereafter appear
before the Magistrate or the Court concerned and apply for
regular bail. The Magistrate or the Court on being satisfied that
the petitioners have been interrogated by the police shall, after
hearing the prosecution as well, release the petitioners on bail.
4. In case the petitioners while surrendering before the
Investigating Officer have deprived the investigating officer
sufficient time for interrogation, the officer shall complete the
B.A.No.7944/2010 3
interrogation even if it is beyond the time limit fixed as above
and submit a report to that effect to the Magistrate or the
Court concerned. Likewise, the Magistrate or the Court also will
not be bound by the time limit fixed as above if sufficient time
was not available after the production or appearance of the
petitioners.
5. The release of the petitioners shall be on each the
petitioners executing a bond for Rs.15,000/- (Rupees fifteen
thousand only) with two solvent sureties each for the like amount
to the satisfaction of the Court concerned and subject to the
following conditions:-
1. The petitioners shall report before the
Investigating Officer between 9 a.m. and
11 a.m. on all Wednesdays.
2. The petitioners shall make themselves
available for interrogation including
custodial interrogation as and when
required by the Investigating Officer.
B.A.No.7944/2010 4
3. Petitioners shall not influence or intimidate
the prosecution witnesses nor shall they
attempt to tamper with the evidence for
the prosecution.
4. Petitioners shall not commit any offence
while on bail.
5. If the petitioners commit breach of any of
the above conditions, the bail granted to
them shall be liable to be cancelled.
This petition is disposed of as above.
V.RAMKUMAR, JUDGE
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