IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 8696 of 2010()
1. TOMY C.D., CHAKALAKAL HOUSE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :05/01/2011
O R D E R
V. RAMKUMAR, J.
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Bail Application No.8696 of 2010
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Dated this the 5th day of January, 2011
ORDER
Petitioner, who is the accused in Crime No.815 of 2010 of
Town North Police Station, Palakkad, for an offence punishable
under Section 420 read with Section 34 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
(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
B.A.No.8696/2010 -:2:-
considered by the Magistrate or the Court having jurisdiction.
Accordingly, the petitioner shall surrender before the
investigating officer on 15/01/2011 or on 17/01/2011 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 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, consider and dispose of his application for regular
bail preferably on the same date on which it is filed.
4. In case the petitioner while surrendering before the
Investigating Officer has deprived the investigating officer
B.A.No.8696/2010 -:3:-
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
petitioner.
This petition is disposed of as above.
V.RAMKUMAR, JUDGE
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