IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Bail Appl..No. 7806 of 2011() ----------------------------- CRIME NO. 486/11 OF KANJIRAPPALLY POLICE STATION .................... PETITIONER / ACCUSED : ---------------------- 1. K.N.SHEEBA, W/O.ANEESH, KALAPURACKAL HOUSE, THAMPALAKKADU, KANJIRAPPALLY. 2. ANISH, KALAPURACKAL HOUSE, THAMPALAKKADU, KANJIRAPPALLY. BY ADV. SRI.V.K.SUNIL RESPONDENT / STATE : -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM (THROUGH THE DY.S.P.,KANJIRAPPALLY.) BY PUBLIC PROSECUTOR SRI. V. MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. ......................................... Bail Application No. 7806 of 2011 .......................................... Dated this the 30th day of September, 2011 ORDER Petitioner who is the 1accused in Crime No. 486/11 of Kanjirappally Police Station for offences punishable under Sections 294 (b) and 506 (i) I.P.C. and under Section 3 (1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, seeks anticipatory bail. 2. The learned Public Prosecutor submitted that the first petitioner is the sole accused in the case now after the deletion of the name of the second petitioner who is her husband. If so the apprehension entertained by the second petitioner is unfounded and his request for anticipatory bail is rejected. 3. The learned Public Prosecutor opposed the application so far it relates to the 1st petitioner. 4. After evaluating the factors and parameters which are to be taken into consideration under paragraph 112 of the verdict of the Apex Court in Siddharam Satlingappa Mhetre v. State of Maharashtra and Others (2011) 1 SCC 694, I am of the view that anticipatory bail cannot be granted in a case of this nature, B.A.No. 7806/2011 -:2:- since the investigating officer has not had the advantage of interrogating the 1st petitioner. Accordingly, the 1st petitioner is directed to surrender before the investigating officer on 13.10.2011 or on 14.10.2011 for the purpose of interrogation and recovery of incriminating material, if any. In case the 1st petitioner is arrested by the Investigating Officer before interrogation, she 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 1st petitioner is without arresting her, the 1st petitioner shall thereafter appear before the Magistrate or the Court concerned on the same day or on the next day and apply for regular bail. The Magistrate or the Court on being satisfied that the 1st petitioner has been interrogated by the police shall, after hearing the prosecution as well, release the 1st petitioner on bail. 5. In case the 1st petitioner 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 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 1st petitioner . 6. The release of the 1st petitioner shall be on the 1st petitioner 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 B.A.No. 7806/2011 -:3:- conditions:- 1. 1st Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report. 2. 1st Petitioner shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the Court or to the police or to any other person in authority. 3. 1st Petitioner shall make himself available for interrogation as and when required by the police at any time till the filing of the final report. 4. 1st Petitioner shall not establish any contact with any of the witnesses or accused in the case. 5. 1st Petitioner shall not influence or intimidate the prosecution witnesses or the victims nor shall he attempt to tamper with the evidence for the prosecution. 6. 1st Petitioner shall not commit any offence while on bail. 7. 1st Petitioner shall notify to the Court their place of residence before executing the bail bond. 8. In case the 1st petitioner commits breach of the above conditions, the bail granted to the petitioner shall be liable to be cancelled. This petition is disposed of as above. Dated this the 30th day of September, 2011. V.RAMKUMAR, JUDGE dnc