IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7873 of 2010()
1. MAHEENDRA, AGED 36 YEARS
... Petitioner
2. SIVAN, AGED 25 YEARS, S/O.KRISHNAN,
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. SUB INSPECTOR OF POLICE
For Petitioner :SRI.T.M.ABDUL LATHEEF
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :07/12/2010
O R D E R
V. RAMKUMAR, J.
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B.A. No. 7873 of 2010
..........................................
Dated this the 7th day of December, 2010
ORDER
Petitioners, who are accused Nos.1 and 2 in Crime
No.463/2010 of Kareelakulangara Police Station for offences
punishable under Sections 420 and 506(1) 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 having
B.A.No.7873/2010 2
jurisdiction. Accordingly, the petitioners shall surrender before
the investigating officer on 17.12.2010 or on 18.12.2010 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 are 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 and
permitted to file an application for regular bail. In case the
interrogation of the petitioners are without arresting them, the
petitioners shall thereafter appear before the Magistrate and
apply for regular bail. The Magistrate on being satisfied that the
petitioners have been interrogated by the police shall release
the petitioners on bail on each of 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
Magistrate and subject to the following conditions:-
B.A.No.7873/2010 3
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. 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 commits 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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