✦ Kerala High Court · 22 Dec 2010

Dated this the 22nd day of December v. State of Maharashtra & Ors.

Case at a glance

Outcome

Disposed of

This petition is disposed of as above

Provisions considered

Judgment

B.A.No.8633/2010 2the investigating officer on 30.12.2010 or on 31.12.2010 forthe purpose of interrogation and recovery of incriminatingmaterial, if any. In case the investigating officer is of the viewthat having regard to the facts of the case arrest of thepetitioners is imperative he shall record his reasons for thearrest in the case diary as insisted in paragraph 129 ofSiddharam Satlingappa Mhetre's case (supra). Thepetitioners shall thereafter be produced before the Magistrate orthe Court concerned and permitted to file an application forregular bail. In case the interrogation of the petitioners iswithout arresting them, the petitioners shall thereafter appearbefore the Magistrate or the Court concerned and apply forregular bail. The Magistrate or the Court on being satisfied thatthe petitioners have been interrogated by the police shall, afterhearing the prosecution as well, release the petitioners on bail.4. In case the petitioners while surrendering before theInvestigating Officer have deprived the investigating officersufficient time for interrogation, the officer shall complete the B.A.No.8633/2010 3interrogation even if it is beyond the time limit fixed as aboveand submit a report to that effect to the Magistrate or theCourt concerned. Likewise, the Magistrate or the Court also willnot be bound by the time limit fixed as above if sufficient timewas not available after the production or appearance of thepetitioners .5.The release of the petitioners shall be on each thepetitioners executing a bond for Rs.15,000/- (Rupees fifteenthousand only) with two solvent sureties each for the like amountto the satisfaction of the Court concerned and subject to thefollowing conditions:-1.The petitioners shall report before theInvestigating Officer between 9 a.m. and11 a.m. on all Wednesdays.2. The petitioners shall make themselvesavailable for interrogation includingcustodial interrogation as and whenrequired by the Investigating Officer. B.A.No.8633/2010 43.Petitioners shall not influence or intimidatethe prosecution witnesses nor shall theyattempt to tamper with the evidence forthe prosecution.4.Petitioners shall not commit any offencewhile on bail. 5. If the petitioners commit breach of any ofthe above conditions, the bail granted tothem shall be liable to be cancelled. This petition is disposed of as above.V.RAMKUMAR, JUDGEln

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: This petition is disposed of as above

Which statutory provisions did this judgment involve?

Indian Penal Code, 1860 — s. 149.

Which court decided this case, and when?

Kerala High Court, on 22 Dec 2010. The bench was V RAMKUMAR.

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