IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 Bail Appl..No. 1692 of 2011() --------------------------- CRIME NO. 171/2011 OF MALA POLICE STATION ............................... PETITIONERS / ACCUSED 1 TO 5 : ------------------------------------------------- 1. SHANAVAS, S/O.SULAIMAN,PICHATHARA PUTHENCHIRA VILLAGE, MUKUNADAPURAM TALUK. 2. SUBAIDA SULAIMAN, W/O.SULAIMAN, PICHATHARA PUTHENCHIRA VILLAGE, MUKUNADAPURAM TALUK. 3. SHAHITHA, W/O.EDAPPILLY JALEEL, ALAVI CENTRE DESOM, POTTA VILLAGE, MUKUNDAPURAM TALUK. 4. RASHID, S/O.SULAIMAN, PICHATHARA PUTHENCHIRA VILLAGE, MUKUNDAPURAM TALUK. 5. JAMEELA BADARUDHEEN,W/O.AYYARIL, BADARUDHEEN, ANNAMANADA DESOM, KALOOR VADAKKUMURI VILLAGE, MUKUNDAPURAM TALUK. BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT(S): ------------------------- 1. STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.I.OF POLICE , MALA. 2. FAZEELA, D/O.KUNHI MOHAMMED, PANDARAM PARAMBIL, KOCHUKADVAU DESOM, TIRUMUKKULAM VILLAGE, MUKUNDAPURAM TALUK – 680 651. R1 BY PUBLIC PROSECUTOR SRI. M.S. BREEZE R2 BY ADVS. SRI.K.I.ABDUL RASHEED SRI. K.A. SHAMSUDEEN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V. RAMKUMAR, J. ----------------------------------------------- Bail Appln.No.1692 of 2011 ------------------------------------------------ Dated this the 9th day of March, 2011 ORDER Petitioners, who are accused Nos.1 to 5 in Crime No.171 of 2011 of Mala Police Station for offences punishable under Sections 498(A) read with Section 149 I.P.C., seek anticipatory bail. 2. Head the learned Public Prosecutor as well as the counsel for the second respondent. 3. After evaluating the factors and parameters which are to be taken into consideration under paragraph 122 of the verdict 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 have their application for bail allowed by the Magistrate or the Court having jurisdiction. Accordingly, the petitioners are directed to surrender before the investigating officer on 21/03/2011 or on 22/03/2011 for the purpose of interrogation and recovery of incriminating material, if any. In case the investigating officer is of the B.A.No.1692/2011 -:2:- 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'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 on the same day or on the next day 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 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 of 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:- B.A.No.1692/2011 -:3:- 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. 3. The first petitioner shall surrender his passport before executing the bail bond. 4. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 5. The petitioners shall not commit any offence while on bail. 6. 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 9th day of March, 2011. V.RAMKUMAR, JUDGE. skj