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. 1446 of 2011() ----------------------------- (CRIME NO.3849/10 OF CENTRAL POLICE STATION, ERNAKULAM DISTRICT.) -------------- PETITIONER/ACCUSED ------------------------------ KALPANA GANESH, W/O. C.B.GANESH, AGED 38 YEARS, BNRA 168 BHAGAVATHI LANE, KAUDIYAR PO,THIRUVANANTHAPURAM. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION ERNAKULAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V. RAMKUMAR, J. ......................................... B.A. No. 1446 of 2011 .......................................... Dated: 09-03-2011 ORDER Petitioner who is the 2nd accused in Crime No. 3849 of 2010 of Central Police Station, Ernakulam for offences punishable under Sections 497 and 498 A I.P.C. seeks anticipatory bail. 2. The learned Public Prosecutor opposed the application. 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 petitioner. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have her application for bail allowed by the Magistrate or the Court having jurisdiction. Accordingly, the petitioner is directed to surrender before the investigating officer on 21-03-2011or on 22-03-2011 for the purpose of interrogation and recovery of incriminating material, if any. In case the investigating officer is of the view that having B.A.No.1446 of 2011 -:2:- 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 Satlingappa Mhetre's case (supra). The petitioner 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 petitioner is without arresting her, the 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 petitioner has been interrogated by the police shall, after hearing the prosecution as well, release the petitioner on bail. 4. In case the 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 accused . 5. The release of the petitioner shall be on the petitioner executing a bond for ` 15,000/- (Rupees fifteen B.A.No.1446 of 2011 -:3:- 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 petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make herself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The petitioner shall surrender her passport, if any, or she shall file an affidavit to that effect before executing the bail bond. 4. Petitioner shall not influence or intimidate the prosecution witnesses nor shall she attempt to tamper with the evidence for the prosecution. 5. Petitioner shall not commit any offence while on bail. 6. If the petitioner commits breach of any of the above conditions, the bail granted to her shall be liable to be cancelled. This petition is disposed of as above. Dated this the 9th day of March, 2011. V.RAMKUMAR, JUDGE B.A.No.1446 of 2011 -:4:- ani/