The Court rejected the petitioners' application for anticipatory bail because the investigating officer had not yet interrogated them. They were instead directed to surrender for interrogation and regular bail applied for thereafter.
Accused directed to surrender for interrogation; to then apply for regular bail. Bond 15000/- and deposit 5000/- required.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933
Bail Appl..No. 4086 of 2011()
----------------------------CRIME NO.467/2011 OF KUNDARA POLICE STATION, KOLLAM
PETITIONERS:ACCUSED
BY ADV. SRI.SYAM J SAM
RESPONDENT: COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.M.R.VENUGOPAL
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
Bail Application No.4086 of 2011
Dated this the 07th day of June, 2011
ORDER
Petitioners, who are accused Nos.1 to 5 in Crime No.467 of 2011 of Kundara Police Station for offences punishable under Sections 143, 147, 148, 452, 324 & 427 read with Section 149 I.P.C., seek anticipatory bail.
Bail Appln.No.4086/2011
: 2 :
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 petitioners have been interrogated by the police shall, after hearing the prosecution as well, release the petitioners on bail.
1. The petitioners 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. Before executing the bail bond each of the petitioners shall deposit a sum of ` 5,000/- (Rupees Five thousand only) towards the loss sustained by the victim.
3. The petitioners shall not directly or indirectly make any inducement, threat or promise to any person
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who 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.
4. The petitioners shall make themselves available for interrogation as and when required by the police at any time till the filing of the final report.
5. The petitioners shall not establish any contact with any of the witnesses or accused in the case.
6. The petitioners shall not influence or intimidate the prosecution witnesses or the victims nor shall they attempt to tamper with the evidence for the prosecution.
7. The petitioners shall not commit any offence while on bail.
8. The petitioners shall notify to the Court their place of residence before executing the bail bond.
9. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.
This petition is disposed of as above.
Dated this the 07th day of June, 2011.
V.RAMKUMAR, JUDGE
skj
1 issue framed by the court
Whether anticipatory bail should be granted when the investigating officer has not yet interrogated the accused.
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre v. State of Maharashtra and OthersApplied¶25
Siddharam Satlingappa Mhetre v. State of Maharashtra and Others (2011) 1 SCC 694 · Who else cites this
RAJ THILAKAN
BABUKUTTAN PILLAI
SANU
GANESH
VIJAYAKUMAR
STATE OF KERALA
V.RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
