IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 8006 of 2010()
1. JOSEPH @ JOSEPH,
... Petitioner
2. V.D.JAMES, S/O.DEVASSIA,
3. MATHEW @ ACHANKUNJU,
4. C.T.JOSE, S/O.THOMAS,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.K.VARGHESE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :10/12/2010
O R D E R
V.RAMKUMAR, J.
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Bail Application No.8006 of 2010
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Dated this the 10th day of December, 2010
ORDER
Petitioners, who are accused Nos.1 to 4 in Crime No.471
of 2010 of Nedumkandam Police Station for offences
punishable under Sections 120(B), 464, 465, 468 & 471 read
with Section 34 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 (Crl.Appeal No. 2271 of 2010),
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.
Bail Appln.No.8006/2010
: 2 :
Accordingly, the petitioners shall surrender before the
investigating officer on 20/12/2010 or on 21/12/2010 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
Bail Appln.No.8006/2010
: 3 :
complete the 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 `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.
3. The petitioners shall not influence or intimidate
the prosecution witnesses nor shall they attempt to
tamper with the evidence for the prosecution.
Bail Appln.No.8006/2010
: 4 :
4. The 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.
Dated this the 10th day of December, 2010.
V.RAMKUMAR, JUDGE
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