Posted On by &filed under High Court, Kerala High Court.

Kerala High Court
Binu vs State Of Kerala on 20 December, 2010




Bail Appl..No. 8192 of 2010()

                      ...  Petitioner


                       ...       Respondent

                For Petitioner  :SRI.BLAZE K.JOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :20/12/2010

 O R D E R
                           V.RAMKUMAR, J.
                Bail Application No.8192 of 2010
           Dated this the 20th day of December, 2010


Petitioners, who are accused Nos.1 to 4 in Crime

No.1485/2010 of Nedumangad Police Station for offences

punishable under Sections 447, 427 and 34 I.P.C. and Section 27

of the Arms Act, 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. Accordingly, the petitioners shall

B.A.No.8192/2010 2

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 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

B.A.No.8192/2010 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 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.8192/2010 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.



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