IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 8059 of 2010() 1. VICTOR,CLETUS,S/O.PATHROSE,RESIDING AT ... Petitioner 2. REJINOLD,AGED 35 YEARS,S/O.JOSEPH Vs 1. THE STATE OF KERALA REPRESENTED THE ... Respondent For Petitioner :SRI.JOHNSON GOMEZ For Respondent :PUBLIC PROSECUTOR The Hon'ble MR. Justice V.RAMKUMAR Dated :17/12/2010 O R D E R V. RAMKUMAR, J. ......................................... B.A. No. 8059 of 2010 .......................................... Dated this the 17th day of December, 2010. ORDER
Petitioners who are accused Nos. 1 and 2 in Crime No. 1967
of 2010 of Kundara Police Station for offences punishable under
Sections 341, 294(b), 323 and 326 r/w Section 34 I.P.C., seek
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
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
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Officer for the purpose of interrogation and then to have their
application for bail considered by the Magistrate or the Court
having jurisdiction. Accordingly, the petitioners shall surrender
before the investigating officer on 27.12.2010 or on 28.12.2010
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 are 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
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hearing the prosecution as well, consider and dispose of their
application for regular bail preferably on the same date on
which it is filed.
In case the petitioners while surrendering before the
Investigating Officer have 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
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
This petition is disposed of as above.
Dated this the 17th day of December, 2010.
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