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Yousuf vs State Of Kerala on 18 January, 2011

Kerala High Court
Yousuf vs State Of Kerala on 18 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 240 of 2011()


1. YOUSUF,AGED 58 YEARS,
                      ...  Petitioner
2. GAFOOR,
3. SAKEER,
4. SAMEER, S/O.YOUSUF, AGED 26 YEARS,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.SANTHEEP ANKARATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :18/01/2011

 O R D E R
                       V. RAMKUMAR, J.
             ========================
                      B.A. No.240 of 2011
             ========================
          Dated this the 18th day of January, 2011.

                             ORDER

Petitioners who are accused Nos. 1 to 4 in Crime No.687

of 2010 of Cheruthuruthi Police Station for offences punishable

under Sections 452, 323, 324, 427, 294(b) and 506(1) r/w

Section 34 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 (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 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

B.A. No. 240/2011

2

have their application for bail allowed by the Magistrate or the

Court having jurisdiction. Accordingly, the petitioners shall

surrender before the investigating officer on 28.01.2011 or on

29.01.2011 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 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

B.A. No. 240/2011

3

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 accused.

5. The release of the petitioners shall be on each the

petitioners 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 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. 240/2011

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.

Dated this the 18th day of January, 2011.

V.RAMKUMAR, JUDGE.

rv

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