IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Bail Appl..No. 8753 of 2011() ------------------------------------- CRIME NO.206/2011 OF AGALI POLICE STATION, PALAKKAD DISTRICT ......................... PETITIONER / ACCUSED: ------------------------------------- MOHANAN,S/O.CHELLI, KARAYUR,SHOLAYUR PANCHAYAT, PALAKKAD DISTRICT BY ADVS. SRI. AJITH MURALI SRI. KRISHNALAL RESPONDENT(S) / COMPLAINANT: -------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. R. REMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VPV V. RAMKUMAR, J. ......................................... B.A. No.8753 of 2011 .......................................... Dated this the 21st day of December, 2011 ORDER Petitioner, who is the sole accused in Crime No.206/2011 of Agali Police Station, Palakkad District for offences punishable under Sections 354, 427 and 452 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 his application for bail allowed by the Magistrate or the Court having jurisdiction. Accordingly, the petitioner is directed to surrender before the investigating officer on 05.01.2012 or on 06.01.2012 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 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 B.A. No.8753 of 2011 2 petitioner is without arresting him, 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 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. Before executing the bail bond the petitioner shall deposit before the Magistrate concerned a sum of Rs.2,000/- (Rupees two thousand only) towards the loss sustained by the defacto complainant. 2. The 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. 3. The 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 B.A. No.8753 of 2011 3 dissuade him from disclosing any information to the Court or to the police or to any other person in authority. 4. The petitioner shall make himself available for interrogation as and when required by the police at any time till the filing of the final report. 5. The petitioner shall not establish any contact with any of the witnesses or accused in the case. 6. The petitioner shall not influence or intimidate the prosecution witnesses or the victims nor shall he attempt to tamper with the evidence for the prosecution. 7. The petitioner shall not commit any offence while on bail. 8. The petitioner shall notify to the Court his place of residence before executing the bail bond. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This petition is disposed of as above. V.RAMKUMAR, JUDGE ln