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Rema Mohan vs State Of Kerala on 4 February, 2011

Kerala High Court
Rema Mohan vs State Of Kerala on 4 February, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 707 of 2011()


1. REMA MOHAN, THAMARAYIL HOUSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.T.P.PRADEEP

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :04/02/2011

 O R D E R
                          V.RAMKUMAR, J.
            -----------------------------------------------------
                Bail Application No.707 of 2011
           ------------------------------------------------------
           Dated this the 4th day of February, 2011

                                 ORDER

Petitioner, who is accused No.3 in Crime No.325 of 2010 of

Thiruvalla Police Station for an offence punishable under Section

420 I.P.C., 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 her application for bail

allowed by the Magistrate or the Court having jurisdiction.

Bail.Appln.No.707/2011
-:2:-

Accordingly, the petitioner shall surrender before the

investigating officer on 16/02/2011 or on 17/02/2011 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 her, 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

interrogation even if it is beyond the time limit fixed as above

Bail.Appln.No.707/2011
-:3:-

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 herself 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 she attempt to tamper

with the evidence for the prosecution.

Bail.Appln.No.707/2011
-: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 her shall be liable to be

cancelled.

This petition is disposed of as above.

V.RAMKUMAR, JUDGE

skj

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