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Ansar. Vs. State of KeralA.

Ansar. vs State of KeralA.

Type Court Judgment Court Kerala Decided Dec 08, 2010
~3 min read
https://sooperkanoon.com/case/913229

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl..No. 7731 of 2010
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

[ALTAMAS KABIR ; CYRIAC JOSEPH, JJ.] - Constitution of India - Articles 32 - Remedies for enforcement of rights conferred by this Part -- In case of consortium, the partner developing the software application should have CMM level 3 certification and the bidder/lead partners of the consortium (in case of consortium,...

Key legal issue
Criminal
Acts & sections
Indian Penal Code (IPC) - Sections 342, 332

Parties & Advocates

Appellant / Petitioner

Ansar.

Advocate SRI.K.A.SALIL NARAYANAN, Adv.

Respondent

State of KeralA.

Legal References

Acts
Indian Penal Code (IPC) - Sections 342, 332
Cases Referred
Siddharam Satlingappa Mhetre v. State of Maharashtra and Others

Excerpt

.....documents was duly satisfied in the appellant's case. mr. salve urged that the bid documents submitted by the appellant fully satisfy the aforesaid tests and the rejection of the appellant's bid was unlawful and cannot be sustained. qualify certification - the company/one of the partners of consortium (in case of consortium) should have an active iso 9001:2000 certification at the time of submission of the bid. the aforesaid paragraph indicates that a copy of the quality certificate/document of quality policy would have to be submitted along with the bid documents, with the relaxation that in case the quality certificate was due for renewal, the bidder should ensure that the renewed certificate was made available at the time of signing of the contract. "8. bidder should have active iso 9001:2000 certification at the time of submission of bids. the bidder/lead partners of consortium (in case of consortium) should have an active (valid at least till june 2010) iso 9001:2000 certification at the time of submission of the bid. the above provision obliges a tenderer to produce along with the bid document a copy of the quality certificate which is valid and active on the date of submission of the bid and it does not enable a bidder to withhold the copy of such quality certificate. the appellant claimed to have a valid and active iso 9001:2000 certificate at the time of submission of the bid, but did not produce a copy of the said certificate along with the bid document......who is the sole accused in crime no.950 of 2010 of quilandy police station for offences punishable under sections 342 & 332 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 in the light of paragraph 122 of the verdict dated 2-12-2010 of the apex court in siddharam satlingappa mhetre v. state of maharashtra and others (crl.appeal no. 2271 of 2010), 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 shall surrender before the investigating officer on 17/12/2010 or on 18/12/2010 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 petitioner is without arresting him, the petitioner shall thereafter appear before the magistrate or the court concerned 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 accused while surrendering before the investigating officer has deprived the investigating officer sufficient.....

Full Judgment

1. Petitioner, who is the sole accused in Crime No.950 of 2010 of Quilandy Police Station for offences punishable under Sections 342 & 332 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 in the light of paragraph 122 of the verdict dated 2-12-2010 of the Apex Court in Siddharam Satlingappa Mhetre v. State of Maharashtra and Others (Crl.Appeal No. 2271 of 2010), 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 shall surrender before the investigating officer on 17/12/2010 or on 18/12/2010 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 petitioner is without arresting him, the petitioner shall thereafter appear before the Magistrate or the Court concerned 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 accused 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 `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. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

2. The petitioner shall make him available for interrogation including custodial interrogation as and when required by the Investigating Officer.

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

4. The petitioner shall not commit any offence while on bail.

5. 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.

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