IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 Bail Appl..No. 3789 of 2011() ----------------------- Crime No. 161 of 2011 of Kodungallur Police Station, Thrissur District PETITIONERS/ACCUSED ------------------- 1. RAKESH, S/O. BALAKRISHNAN PILLAI, LAKSHMI BHAVAN, P.O.VASHAPILLY WEST, KOTTAYAM, NOW RESIDING AT C/O. NARAYANAN NAIR, NALUPARAMBU, CHANGANACHERRY, PANACHIKKAVU, KOTTAYAM DISTRICT. 2. BALAKRISHNAN, S/O. PAZHANI ACHARI, RESIDING AT NALUPARAMBU, DO-DO- 3. MEENAKSHM, W/O. BALAKRISHNAN, RESIDING AT NALUPARAMBU, DO-DO- 4. GIRIRAJ, S/O. BALAKRISHNAN, RESIDING AT NALUPARAMBU, DO-DO- BY ADV. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. THE SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION,PIN-689664. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... Bail Application No. 3789 of 2011 .......................................... Dated: 24-05-2011 ORDER Petitioners who are the accused in Crime No. 161 of 2011 of Kodungallur Police Station for offences punishable under Sections 406 and 498 A I.P.C. seek anticipatory bail. 2. The learned Public Prosecutor submitted that the first petitioner alone is the sole accused and the other petitioners have since been deleted from the array of accused. If so, the arrest and harassment entertained by accused Nos. 2 to 4 is unfounded. Accordingly, the request for anticipatory bail by petitioners 2 to 4 is dismissed. 3. 3. 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, since the investigating officer has not had the advantage of interrogating the petitioner. Accordingly, the first petitioner is directed to surrender before the investigating officer on 6-6-2011 or on 7-6-2011 for the purpose B.A.No. 3789 of 2011 -:2:- of interrogation and recovery of incriminating material, if any. In case the first petitioner is arrested by the Investigating Officer before interrogation, he 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 is without arresting him, the first 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 first petitioner has been interrogated by the police shall, after hearing the prosecution as well, release the petitioner on bail. 4. In case the first 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 first petitioner . 5. The release of the first petitioner shall be on the first petitioner 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 shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all B.A.No. 3789 of 2011 -:3:- Wednesdays till the filing of the final report. 2. The first 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. The first 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. The first petitioner shall not establish any contact with any of the witnesses or accused in the case. 5. The first 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. The first petitioner shall not commit any offence while on bail. 7. The first petitioner shall notify to the Court their place of residence before executing the bail bond. This petition is disposed of as above. Dated this the 24th day of May, 2011. V.RAMKUMAR, JUDGE ani/