IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 Bail Appl..No. 3313 of 2011() --------------------------------------- CRIME NO. NOT KNOWN OF ALUVA POLICE STATION, ERNAKULAM DISTRICT. ....... PETITIONER (S): ACCUSED -------------------------------------- 1. ABDUL RAHIMAN, S/O. MOOSA, AGED 44 YEARS, RESIDING AT MANAPARUTHA HOUSE, EDAYAPURAM ALUVA 1. 2. KUNJUPATHUMA, W/O. MOOSA, AGED 64 YEARS, RESIDING AT MANAPARUTHA HOUSE, EDAYAPURAM ALUVA 1. 3. SHAHITHA LATHEEF, W/O. ABDUL LATHEEF, AGED 38 YEARS, THURUTHEZHATH HOUSE, CHITTETHU LANE, KAKKANAD. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM THROUGH SUB INSPECTOR OF POLICE , ALUVA POLICE STATION, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. -------------------------------------------------- Bail Application No.3313 of 2011 -------------------------------------------------- Dated this the 6th day of May, 2011 ORDER First Petitioner, who is the sole accused in Crime No.1235 of 2011 of Aluva Police Station for an offence punishable under Section 323 I.P.C., seeks anticipatory bail. 2. The learned Public Prosecutor on instructions submitted that the first petitioner is the sole accused in the case and petitioners 2 & 3 are not arrayed as accused in this case. If so, the apprehension of arrest and harassment entertained by the petitioners 2 & 3 is unfounded. Accordingly, this petition so far as it relates to petitioners 2 & 3 is dismissed. 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 first petitioner. Accordingly, first petitioner is directed to surrender before the investigating officer on 17/05/2011 or on 18/05/2011 for the purpose of interrogation and recovery of incriminating material, if any. In case first petitioner is arrested by the Investigating Officer before interrogation, first petitioner shall thereafter be produced before the Magistrate or the Court concerned and permitted to file an B.A.No.3313/2011 2 application for regular bail. In case the interrogation of first petitioner is without arresting him, 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 first petitioner has been interrogated by the police shall, after hearing the prosecution as well, release first petitioner on bail. 4. In case 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 first petitioner. 5. The release of first petitioner shall be on the 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 conditions:- 1. The first 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. The first petitioner shall not directly or indirectly make any inducement, threat or promise to any person who B.A.No.3313/2011 3 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 his place of residence before executing the bail bond. This petition is disposed of as above. Dated this the 6th day of May, 2011. V.RAMKUMAR, JUDGE skj