IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7941 of 2010()
1. AJITHKUMAR.S.S,AGED 42 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU (SR.)
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.7941 of 2010
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Dated this the 21st day of December, 2010
ORDER
Petitioner, who is accused No.7 in Crime No.1011 of
2010 of Kollam East Police Station for offences punishable
under Sections 420, 465, 468, 471 & 120(B) I.P.C. and Sec.12
(1)(a) of Indian Passport Act, seeks 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 petitioner. But at the same
time, I am inclined to permit the petitioner to surrender
before the Investigating Officer for the purpose of
interrogation and then to have his application for bail allowed
by the Magistrate or the Court having jurisdiction.
Bail Appln.No.7941/2010
: 2 :
Accordingly, the petitioner shall surrender before 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
petitioner 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
petitioner 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 petitioner
is without arresting him, the petitioner 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 petitioner has been interrogated by the
police shall, after hearing the prosecution as well, release
the petitioner on bail.
4. In case the accused while surrendering before the
Investigating Officer has deprived the investigating officer
sufficient time for interrogation, the officer shall complete the
Bail Appln.No.7941/2010
: 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 accused .
5. The release of the petitioner shall be on the
petitioner 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 petitioner shall report before the
Investigating Officer between 9 a.m. and 11 a.m. on
all Wednesdays.
2. The petitioner shall make himself available for
interrogation including custodial interrogation as
and when required by the Investigating Officer.
3. The petitioner shall not influence or intimidate
the prosecution witnesses nor shall he attempt to
tamper with the evidence for the prosecution.
Bail Appln.No.7941/2010
: 4 :
4. The petitioner shall not commit any offence
while on bail.
5. If the petitioner commits breach of any of the
above conditions, the bail granted to him shall be
liable to be cancelled.
This petition is disposed of as above.
Dated this the 21st day of December, 2010.
V.RAMKUMAR, JUDGE
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