IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Bail Appl..No. 2446 of 2011() ----------------------------- CRIME NO.272/2011 OF KOLLAM EAST POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. MANIKANTAN, AGED 27 YEARS, S/O.KRISHNANKUTTY, PULINTHITTAYIL VEEDU, MUNDAKAL VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. 2. SUBHASH, AGED 30 YEARS, S/O. SASIDHARAN, MUNICIPAL COLONY, MUNDAKKAL VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. 3. AJITH KUMAR @ AJI, AGED 27 YEARS, S/O. SASIDHARAN, MUNICIPAL COLONY, MUNDAKAL VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. 4. SUNIL KUMAR @ SUNI, AGED 25 YEARS, S/O. THULASIDHARAN, MUNDAKAL VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. 5. SURESH KUMAR, AGED 24 YEARS, S/O. THULASIDHARAN, MUNDAKAL VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI RESPONDENT: COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.2446 of 2011 ----------------------------------------------------- Dated this the 5th day of April, 2011 ORDER Petitioners, who are the accused in Crime No.272 of 2011 of Kollam East Police Station for an offence punishable under Section 57 of Kerala Police Act, seek anticipatory bail. 2. The learned Public Prosecutor submitted that petitioners 1, 2, 4 & 5 are not accused in this case and that the 3rd petitioner is the second accused. If so, the request for anticipatory bail by petitioners 1, 2, 4 and 5 is rejected. 3. After evaluating the factors and parameters which are to be taken into consideration in the light of 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 3rd petitioner (A2). But at the same time, I am inclined to permit the 3rd petitioner (A2) to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate or the Court having jurisdiction. Accordingly, B.A.No.2446/2011 -:2:- the 3rd petitioner (A2) is directed to surrender before the investigating officer on 18/04/2011 or on 19/04/2011 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 petitioner 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 3rd petitioner (A2) 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 3rd petitioner (A2) is without arresting him, the 3rd petitioner (A2) shall thereafter appear before the Magistrate or the Court concerned on the same day or the next day and apply for regular bail. The Magistrate or the Court on being satisfied that 3rd petitioner (A2) has been interrogated by the police shall, after hearing the prosecution as well, consider and dispose of his application for regular bail preferably on the same date on which it is filed. 4. In case 3rd petitioner (A2) while surrendering before B.A.No.2446/2011 -:3:- 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 3rd petitioner (A2). This petition is disposed of as above. Dated this the 5th day of April, 2011. V.RAMKUMAR, JUDGE skj