Binu Ittoop vs State of Kerala

V. Ramkumar, J.—Petitioner, who is accused No. 17 in Crime No. RC 34/2010 S0008/CBI/TVPM of CBI Thiruvananthapuram (Crime No. 251 of 2010 of Palakkad Town Police Station) for offences punishable under Sections 302, 465, 471, 348, 218 & 201 read with Section 34 I.P.C., seeks anticipatory bail.

The learned Public Prosecutor opposed the application.

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 Ors. 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 25/04/2011 or on 26/04/2011 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 B.A. No. 2821/2011 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 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.

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.

The release of the Petitioner shall be on the Petitioner executing a bond for Rs. 15,000/- (Rupees fifteen thousand only) with two B.A. No. 2821/2011 solvent sureties each for the like amount to the satisfaction of the Chief Judicial Magistrate, Ernakulam 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 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 dissuade him or her from disclosing any information to the court or to the police.

3 The Petitioner shall not establish any contact with any of the witnesses or accused in the case.

The Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.

The Petitioner shall not commit any offence while on bail.

The Petitioner shall notify his place of residence before executing the bail bond.

This petition is disposed of as above.