IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 Bail Appl..No. 1350 of 2011() ----------------------------- CRIME NO.102/2011 OF ADOOR POLICE STATION PETITIONERS/ACCUSED NOS.1 TO 4 -------------------------------------------------- 1. NOUSHAD, AGED 37 YEARS, S/O.JAMALUDEED, PALAMOOTTIL, EZHAMKULAM. 2. HAREES, AGED 30 YEARS, S/O.SHAJAHAN, ALUVILAVADAKKEL, EZHAMKULAM. 3. NOORUDEEN, AGED 45 YEARS, KOTTAKOYKKAL, EZHAMKULAM. 4. SHAHUL, AGED 48 YEARS, S/O.SULAIMAN, VARUVIN, EZHAMKULAM. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT: COMPLAINANT -------------------------- 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 28/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.1350 of 2011 ----------------------------------------------------- Dated this the 28th day of February, 2011 ORDER Petitioners, who are accused Nos.1 to 4 in Crime No.102 of 2011 of Pathanamthitta Police Station for offences punishable under Sections 324, 326, 308, 323, 394 & 427 read with Section 34 I.P.C., seek anticipatory bail. 2. Both sides agree that the second petitioner who was the second accused has already been arrested. If so his request for bail has become infructuous and is accordingly 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 1st, 3rd & 4th petitioners (A1, A3 & A4). But at the same time, I am inclined to permit the 1st, 3rd & 4th petitioners (A1, A3 & A4) to surrender before the Investigating Officer for the purpose of interrogation and then to have their application for bail considered by the Magistrate or B.A.No.1350/2011 -:2:- the Court having jurisdiction. Accordingly, 1st, 3rd & 4th petitioners (A1, A3 & A4) are directed to surrender before the investigating officer on 14/03/2011 or on 15/03/2011 for the purpose of interrogation and recovery of incriminating material, if any. In case the investigating officer is of the view that having regard to the facts of the case arrest of the 1st, 3rd & 4th petitioners (A1, A3 & A4) 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 1st, 3rd & 4th petitioners (A1, A3 & A4) 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 1st, 3rd & 4th petitioners (A1, A3 & A4) is without arresting them, the 1st, 3rd & 4th petitioners (A1, A3 & A4) 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 the 1st, 3rd & 4th petitioners (A1, A3 & A4) have been interrogated by the police shall, after hearing the prosecution as well, consider and dispose of their application for regular bail preferably on the same date on which it is filed. B.A.No.1350/2011 -:3:- 4. In case the 1st, 3rd & 4th petitioners (A1, A3 & A4) while surrendering before the Investigating Officer have 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 1st, 3rd & 4th petitioners (A1, A3 & A4). This petition is disposed of as above. Dated this the 28th day of February, 2011. V.RAMKUMAR, JUDGE skj