IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7858 of 2010()
1. REJIMON, S/O.SUDHAKARAN,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE C.I. OF POLICE,
3. THE STATE OF KERALA REPRESENTED BY
For Petitioner :SRI.JOHNSON MANAYANI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :13/01/2011
O R D E R
V. RAMKUMAR, J.
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Bail Application No.7858 of 2010
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Dated this the 13th day of January, 2011
ORDER
Petitioner, who is accused No.2 in Crime No.1186 of 2010
of Anchal Police Station for an offence punishable under Section
326 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
considered by the Magistrate or the Court having jurisdiction.
Accordingly, the petitioner shall surrender before the
investigating officer on 27/01/2011 or on 28/01/2011 for the
B.A.No.7858/2010 -:2:-
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 on the same day or
the next day. 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
sufficient time for interrogation, the officer shall complete the
interrogation even if it is beyond the time limit fixed as above
B.A.No.7858/2010 -:3:-
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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