IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 Bail Appl..No. 8619 of 2010() ---------------------------------------- CRIME NO.1578/2010 OF ERAVIPURAM POLICE STATION, KOLLAM DISTRICT. .... PETITIONER/ACCUSED NO 1 & 2 ----------------------------------------------- 1. VINOD,AGED 26 YEARS,S/O.BABU,THARUVATHU VEEDU,VADAKKEVILA VILLAGE,MULLUVILA,KOLLAM. 2. RIYAS,AGED 24 YEARS,S/O ISMATH KOYA THANGAL,VILAYIL VEEDU,VADAKKEVILA VILLAGE, AYATHIL,KOLLAM. BY ADV. SRI. K.SHAJ SRI.SAJJU S. RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. --------------------------------------------------- Bail Application No.8619 of 2010 ---------------------------------------------------- Dated this the 11th day of January, 2011 ORDER The petitioners, who are accused Nos.1 & 2 in Crime No.1578 of 2010 of Eravipuram Police Station for an offence punishable under Section 332 I.P.C., seek anticipatory bail. 2. The learned Public Prosecutor submitted that the second petitioner (A2) has been arrested on 27/12/2010. If so, his request for anticipatory bail has become infructuous and accordingly rejected. 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 first petitioner (A1). But at the same time, I am inclined to permit the first petitioner (A1) to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail allowed by the Magistrate or the Bail.Appln.No.8619/2010 -:2:- Court having jurisdiction. Accordingly, the first petitioner (A1) shall surrender before the investigating officer on 24/01/2011 or on 25/01/2011 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 first petitioner (A1) 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 first petitioner (A1) 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 first petitioner (A1) is without arresting him, the first petitioner (A1) 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 first petitioner (A1) has been interrogated by the police shall, after hearing the prosecution as well, release the first petitioner (A1) on bail. 4. In case the accused while surrendering before the Investigating Officer has deprived the investigating officer Bail.Appln.No.8619/2010 -: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 first petitioner (A1) shall be on the first petitioner (A1) 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 first petitioner (A1) shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The first petitioner (A1) shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The first petitioner (A1) shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. Bail.Appln.No.8619/2010 -:4:- 4. The first petitioner (A1) shall not commit any offence while on bail. 5. If the first petitioner (A1) commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This petition is disposed of as above. V.RAMKUMAR, JUDGE skj